1:30 PM
Adv#: 6:15-01008 United States Trustee for the Central District of v. Singh et al
Hrg. on Defendants' motion filed 3/15/17 in Limine to exclude the expert report and testimony of Hakop Jack Arutyunyan; the declaration of M. Wayne Tucker and Memorandum of Points and Authorities in support thereof
EH
Docket 112
Tentative for 4/05/17:
Tentative is to DENY the Motion for the following reasons:
Arutyunyan’s report and testimony are admissible under FRE 702 because (a) the Plaintiff establishes sufficient foundation of Arutyunyan’s knowledge and skills on the particular issue; (b) the methods used in Arutyunyan’s report are reliable; and (c) his analysis and reasoning are based on sufficient facts and data. The defects in his report and testimony, if any, may go to the weight given the testimony, and do not merit exclusion.
Arutyunyan’s report should not be excluded under FRCP 26(a)(2)(B) because the Defendants could have obtained the information they requested through deposition.
Arutyunyan’s report and testimony should not be excluded under FRE 403 because the Defendants fail to show that the probative value of Arutyunyan’s opinion is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.
Appearances required.
1:30 PM
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:15-01008 United States Trustee for the Central District of v. Singh et al
Hrg. on Defendants' Motion filed 3/15/17 to Bifurcate Alter Ego Issue and Set Order of Proof of Memorandum of Points and Authorities
EH
Docket 113
Tentative for 4/05/17 is to DENY.
Defendant seeks to bifurcate the trial for the purposes of determining alter ego liability prior to any §727 issue. Defendant asserts that the Plaintiff's witnesses cannot and will not submit any testimony in support of an alter ego finding and that if the Plaintiff cannot establish alter ego, trial on the remaining issues will be signficantly reduced, thereby promoting judicial efficiency.
Plaintiff, the United States Trustee, opposes the motion, arguing that Defendant did not depose the witnesses, his characterization of their testimony is speculative and conclusory, and, as the issues overlap, judicial economy disfavors bifurcation.
As stated in Netflix, Inc. v. Blockbuster, Inc., Civ. No. 06-2361, 2006 WL 2458717, at *9-10 (N.D. Cal. August 22, 2006):
"One of the purposes of Rule 42(b) is to permit deferral of costly and possibly unnecessary discovery proceedings pending resolution of potentially dispositive preliminary issues." Ellingson Timber Co. v.
Great N. Ry. Co., 424 F.2d 497, 499 (9th Cir.1970). "It is the interest of efficient judicial administration that is to be controlling under the rule, rather than the wishes of the parties." WRIGHT & MILLER, Federal Practice and Procedure, § 2388 (2d ed. pocket part 2006). "With respect to both discovery and trial," the moving party has the "burden
1:30 PM
of proving that the bifurcation will promote judicial economy and avoid inconvenience or prejudice to the parties." Spectra- Physics Lasers, Inc. v. Uniphase Corp., 144 F.R.D. 99, 101 (N.D.Cal.1992).
The decision to bifurcate rests within the sound discretion of the Court. Hangarter v. Provident Life & Acc. & Ins. Co., 373 F.3d 998, 1021 (9th Cir. 2004).
Defendant has not established that bifurcation will promote judicial economy and prevent prejudice to the parties.
Appearances required.
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:16-01022 Bui v. Perez
PRE-TRIAL CONFERENCE re: Complaint by Lynda T. Bui against Maria C. Perez. (Charge To Estate). 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code § §§
3439.04, 3439.05, 3439.06, 3439.07, 3439.08]; 2) Avoidance of Constructive
Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551;
Cal. Civ. Code §§ 3439.04, 3439.05, 3439.06, 3439.07, 3439.08]; 3)
Disallowance of Claims [11 U.S.C. §502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Declaratory Relief [11 U.S.C. §§ 547, 548; FRBP 7001(9)]; and 6) Turnover [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(14 (Recovery of money/property - other))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Isabel Tenorio Represented By Alla Tenina
Defendant(s):
Maria C. Perez Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Elyza P Eshaghi
1:30 PM
Trustee(s):
Lynda T. Bui (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
PRE-TRIAL CONFERENCE re: Complaint by Onepoint Human Capital Management LLC against Angela M. Arents 523(a)(2), 523(a)(4), 523(a)(6)
EH
Docket 1
NONE LISTED -
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
Hrg. on Plaintiffs' Motion filed 2/24/17 to Dismiss Defendants Highland Fresh Poultry, EE Shun Ling, Vansy Thaopaset, and Alan Mok Without Prejudice from the adversary proceeding
EH
Docket 14
Tentative for 4/05/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Alan Mok Pro Se
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se
1:30 PM
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By Mary M Sun Jason Chuan
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
STATUS CONFERENCE re: Complaint by BROWNIE TRADING INC., Goon
Chou Chan against Jackie Cam, an individual, Alan Mok, an individual, EE Shun Ling, an individual, Vansy Thaopaset, an individual, and DOES 1-20, inclusive
EH
Docket 1
Tentative for 4/05/17:
This matter is CONTINUED to July 19, 2017 at 1:30 p.m. Plaintiff is to file its motion for default judgment by no later than May 15, 2017 and either have the matter determined without a hearing or self-calendar it pursuant to applicable local rules.
Plaintiff is to lodge an order regarding the foregoing within seven (7) days.
Appearances are excused.
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Alan Mok Pro Se
JACKIE SIUTRI CAM Pro Se
1:30 PM
Highland Fresh Poultry, a California Pro Se
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By Mary M Sun Jason Chuan
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursment Of Expenses
(Final Report filed 2/16/17)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $2,250.00; Expenses: $596.90]
Docket 0
Tentative for 4/05/17 is to APPROVE as requested:
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
David Lee Jundt Represented By Sundee M Teeple Gaurav Datta
Joint Debtor(s):
Debbie Gail Jundt Represented By Sundee M Teeple Gaurav Datta
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) to Approve Compromise Under Rule 9019 Between The Bankruptcy Estates And The Defendants In Adversary Case No. 8:16-ap-01141-SC; (2) Authorizing Payment Of Compensation To Special Counsel; And (3) Granting Related Relief
(Motion filed 3/14/17)
Docket 1163
Tentative for 4/05/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 2/22/17)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $6,491.10; Expenses: $10.00]
[RE: THE LAW OFFICES OF THOMAS H. CASEY, INC. - Attorney For
Chapter 7 Trustee]
[Fees: $26,421.00; Expenses: $728.04]
[RE: HAHN FIFE & COMPANY LLP - Accountant For Chapter 7 Trustee] [Fees: $1,782.00; Expenses: $235.90]
Docket 88
Tentative for 4/05/17 is to APPROVE as requested:
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jacob Saint Anthony Represented By Gary M Polston
Trustee(s):
Jeffrey I Golden (TR) Represented By
11:00 AM
Thomas H Casey Kathleen J McCarthy
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For An Order: (1) Approving The Trustee's Agreement To Sell The Estate's Interest In Certain Personal Property Pursuant To Section 363; (2) Approving Overbid Procedures
(Motion filed 3/9/17)
Docket 47
Tentative for 4/05/17 is to GRANT.
Debtor(s):
Jeffrey Allen Welton Represented By
Vanessa M Haberbush
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Motion For Disallowance Of Debtor's Claimed Homestead Exemption
(Motion filed 3/2/17)
Docket 21
NONE LISTED -
Debtor(s):
Romy Tan Albarico Represented By John Morkos
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
David T. Cunningham vs. DEBTOR (Motion filed 3/15/17)
[RE: Case Name: Cunningham v. Weidenhammer, et al.] [Docket Number: 30-2015-00818075-CU-FR-CJC]
[Pending In: Orange County Superior Court]
Docket 113
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Debtor's Motion For Order Disallowing Claim As Duplicative:
(Motion filed 4/7/16)
Claim No. 73 Alston & Bird LLP $77,702.73 FR: 6-30-16; 9-1-16; 12-13-16; 3-9-17
Docket 674
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Jeannie Kim Andrew B Levin
Amelia Puertas-Samara
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Jeannie Kim Andrew B Levin
Amelia Puertas-Samara
11:00 AM
CONT'D Hearing RE: Debtor's Motion For Order Disallowing Claim As Duplicative:
(Motion filed 4/7/16)
Claim No. 74 Dennis J. Connolly, $85,451.90 Former Chapter 11 Trustee
FR: 6-30-16; 9-1-16;12-13-16 ; 3-9-17
Docket 676
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Jeannie Kim Andrew B Levin
Amelia Puertas-Samara
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Jeannie Kim Andrew B Levin
Amelia Puertas-Samara
11:00 AM
CONT'D Hearing RE: Debtor's Motion For Order Disallowing Claim As Duplicative
(Motion filed 4/7/16)
Claim No. 75 Navigant Consulting Inc. $62,617.14 FR: 6-30-16; 9-1-16;12-13-16; 3-9-17
Docket 672
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Jeannie Kim Andrew B Levin
Amelia Puertas-Samara
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Jeannie Kim Andrew B Levin
Amelia Puertas-Samara
11:00 AM
CONT'D Hearing RE: Motion To Amend Findings And Make Additional Findings Pursuant To FRCP 52(b)
(Motion filed 2/7/17)
FR: 3-9-17 at 11:00 a.m.; 3-9-17 at 1:30
Docket 1454
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONT'D Hearing RE: Debtor's Omnibus Motion For Order Disallowing Certain Claims Filed Against The Debtor's Estate:
(Motion filed 4/7/16)
SET NO. TWO (2)
Claim No. 80 Patrick D. Barrett $35,000.00 FR: 8-4-16; 11-17-16; 11-30-16; 12-15-16; 1-19-17; 3-9-17
Docket 659
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
Motion for relief from stay [Personal Property]
SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 3/10/17)
[RE: 2013 Ford Edge SEL - VIN No.: 2FMDK3JCXDBA90750]
Docket 49
NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
Hearing RE: Motion To Dismiss For Insufficient Service Of Process (Motion filed 2/23/17)
Docket 3
NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
9:30 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
Docket 532
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED -
9:30 AM
Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 3/22/17)
Re: 1242 Via San Vicente, San Juan Capistrano, California 92675 EH
Docket 21
Tentative for 4/18/17:
In accordance with the Order entered on 2/1/17, as Dk. No. 18 in In re Filomena Campos, Case. No. 2:16-bk-26187-VZ, which granted relief from stay for the same property with the provision that "Movant is authorized to regain possession of Movant's property . . . despite the filing of this or any other bankruptcy petition," tentative is to grant the Motion with the requested extraordinary relief, including anullment, pursuant to 11 U.S.C. §362(d)(1) and
§362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jose Buendia Ramirez Pro Se
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS, Steven M. Speier, trustee (Motion filed 3/24/17)
Re: 2008 Ford Mustang, VIN 1ZVHT80N285147209
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ernesto Valenzuela Pro Se
Joint Debtor(s):
Rosa M Valenzuela Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR (Motion filed 3/17/17)
RE: 2015 Cadillac Escalade VIN 1GYS3LKJ6FR641708 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Robert Quintana Represented By Andrew Nguyen
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Law Offices of Sam Chandra, APC - movant attorney Motion for Relief from Stay
Hollyvale Rental Holdings, LLC vs. DEBTOR (Motion filed 3/27/17)
Re: 7921 Bakman Avenue, Sun Valley, CA 91352 APN: 2314-014-023 EH
Docket 10
- NONE LISTED -
Debtor(s):
Nilton Anaya Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; application for compensation Eh
Docket 0
Tentative for 4/18/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Carlton Global Resources, LLC Represented By Stephen R Wade
W. Derek May
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/23/17 For Sale of Property of the Estate under Section 363(b) (1) authorizing sale of real property of the estate;
(2) confirming sale to third party or the highest bidder appearing at hearing; (3) for determination that buyer is entitled to § 363(m) protection; and (4) waiving the fourteen day stay prescribed by rule 6004
Docket 32
Tentative for 4/18/17:
Before the Court is the Motion for Sale of Property of the Estate under Section 363(b) [Dk. 32] ("Motion") filed by the Trustee on 3/23/17. On 3/31/17, the Debtor filed an Opposition to the Motion [Dk. 36], which, among other things, argued that an equity buy back agreement proposed between the Debtor and the Trustee would provide a larger return for unsecured creditors than the deal proposed in the Motion. On 4/11/17, the Trustee filed a Reply [Dk. 37].
The Court requires further clarification from the Parties. The Trustee should be prepared to orally rebut the assertions set forth in the Opposition.
Appearances required.
Debtor(s):
Henry Mark Ridha Represented By Joseph L Borrie
Trustee(s):
Lynda T. Bui (TR) Represented By Larry D Simons
11:00 AM
Hrg. on Trustee's final report and account; applications for final fees and expenses
EH
Docket 0
Tentative for 4/18/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Roxas Dental Corporation Represented By Winfield S Payne III
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 4/18/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Anthony Nduka Ehiemenonye Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Carmela Pagay Todd A Frealy
1:30 PM
Hrg. on Post Confirmation Chapter 11 Status Conference (Cont. from 2/14/17)
EH
Docket 0
Tentative for 4/18/17:
This matter will go off calendar in light of the Court's tentative to grant the motion for final decree and to close the case.
Appearances are excused.
Debtor(s):
Ambassador Energy, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Application filed 3/28/17 for Compensation and Motion for Approval of Final Professional Fees and Expenses, Debtor's Attorney, Period: 3/2/2016 to 11/1/2016, Fees: $62,260.25, Expenses: $4,988.41.
EH
Docket 151
Tentative for 4/18/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ambassador Energy, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Motion For Final Decree and Order Closing Case EH
Docket 152
Tentative for 4/18/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ambassador Energy, Inc. Represented By
Robert B Rosenstein
1:30 PM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
Hrg. on Motion filed 2/28/17 by One Point Human Capital Management LLC for Summary Judgment or, In the Alternative, for Summary Adjudication of Issues
EH
Docket 14
- NONE LISTED -
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
1:30 PM
Adv#: 6:16-01244 Whitmore v. Rodriguez et al
STATUS CONFERENCE re Complaint by Robert Whitmore against Ernest Rodriguez, Angelica Rodriguez.(Recovery of money/property - 548 fraudulent transfer)
Docket 1
- NONE LISTED -
Debtor(s):
Nicolas Rodriguez Cornejo Represented By Mona V Patel
Defendant(s):
Angelica Rodriguez Pro Se
Ernest Rodriguez Pro Se
Plaintiff(s):
Robert Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:16-01183 Extreme Equipment Leasing, LLC v. Fulgham
PRE-TRIAL CONFERENCE re: Complaint by Extreme Equipment Leasing, LLC, Steven Lane Fulgham against Steven Lane Fulgham. Dischargeability - 523(a) (2), (a)(6)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Steven Lane Fulgham Represented By Lazaro E Fernandez
Defendant(s):
Steven Lane Fulgham Pro Se
Plaintiff(s):
Extreme Equipment Leasing, LLC Represented By
Daniel L Hough
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01022 Whitmore v. E*Trade Securities, LLC
STATUS CONFERENCE re: Complaint by Robert Whitmore against E*Trade Securities, LLC (Recovery of money/property - 542 turnover of property)
Docket 1
NONE LISTED -
Debtor(s):
Maria Hazhel Ylagan Cosico Represented By Nathan Fransen
Defendant(s):
E*Trade Securities, LLC Pro Se
Plaintiff(s):
Robert Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
10:00 AM
Adv#: 8:15-01425 Marshack v. Ayotte et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16)
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Law Offices of Michael W. Ayotte Represented By
Michael W Ayotte
Michael W. Ayotte Represented By Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack D Edward Hays
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01398 Marshack v. CNA Risk Management et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/24/15) (Alias Summons issued 10/28/15) (PTC set at S/C held 3/9/16)
[CNA Risk Management - dismissed -order entered 2-18-16 [docket no. 25] [CNA Financial Corporation -dismissed - order entered 2-18-16 [docket no. 25]
[Loews Corporation - dismissed - order entered 2-18-16 [docket no. 25]
FR: 1-13-16; 3-9-16; 8-17-16; 11-30-16
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Loews Corporation Represented By Clinton J McCord
Continental Casualty Company Represented By Clinton J McCord Shiva D. Beck
10:00 AM
CNA Risk Management Represented By Clinton J McCord
CNA Financial Corporation Represented By Clinton J McCord
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 3/9/16) FR: 3-9-16; 9-28-16, 11-3-16
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01406 Marshack v. Citicards et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential And Fraudulent Transfers [11 U.S.C. Sections 544, 547, 548, 550, And 551]
(Complaint filed 10/26/15) (Alias Summons issued 10/28/15) (PTC set at S/C held 4/27/16)
FR: 1-13-16; 3-2-16; 4-27-16; 10-19-16; 12-14-16
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Citibank, N.A. Represented By
Deborah L Schrier-Rape
Citigroup, Inc. Represented By
Deborah L Schrier-Rape
Citicards Represented By
Deborah L Schrier-Rape
Citibank Represented By
10:00 AM
Deborah L Schrier-Rape
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:16-01007 Marshack v. Home Depot USA, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers (Complaint filed 1/16/16) (PTC set at S/C held 4/27/16)
FR: 4-27-16; 10-19-16; 12-14-16
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Home Depot USA, Inc. Represented By
Deborah L Schrier-Rape
Plaintiff(s):
Richard A. Marshack Represented By
D Edward Hays Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01399 Marshack v. Bristol Fiberlite Industries, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/24/15) (Alias Summons issued 10/28/15) FR: 1-13-16; 5-4-16; 5-11-16; 8-17-16; 9-28-16; 12-14-16
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Bristol Fiberlite Industries, Inc. Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:16-01141 Marshack v. Labrador Capital LLC et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Intentional Misrepresentation;
Concealment;
Negligent Misrepresentation;
Breach Of Fiduciary Duty;
Unfair Business Practices;
Aiding And Abetting;
Conspiracy;
Conversion; And
Misappropriation Of Trade Secrets (Complaint filed 5/26/16)
FR: 8-17-16; 10-19-16; 11-30-16; 4-19-17
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
John Patterson Represented By Michael H Strub Jr
RPRGP Inc. Represented By
10:00 AM
Michael H Strub Jr
Aaron Martin Represented By Michael H Strub Jr
Labrador Capital LLC Represented By Michael H Strub Jr
Red Pointe Roofing LP Represented By Michael H Strub Jr
Plaintiff(s):
Richard A Marshack Represented By Melissa Davis Lowe
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01421 Marshack v. Sunwize Technologies, Inc. et al
Hearing RE: Defendant's Motion For Summary Judgment (Motion filed 3/8/17)
Docket 45
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
MCA Financial Group, Ltd. by and Represented By
Jeffrey L Sklar
Sunwize Technologies, Inc. Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy
10:00 AM
Judith E Marshack Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01312 Marshack v. Discover Financial Services et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For Avoidance, Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 550, And 551; Cal. Civ. Code Sections 3439.04;
3439.05, et seq.]
(Complaint filed 7/23/15) (First Amended Complaint filed 8/26/15) (Alias Summons Issued On First Amended Complaint 8-31-15) (PTC set at S/C held 4/27/16)
FR: 10-8-15; 11-19-15; 12-3-15; 2-3-16; 4-27-16; 10-19-16; 1-18-17; 2-15-17
Docket 1
- NONE LISTED -
Debtor(s):
Osseous Technologies of America Pro Se
Defendant(s):
Citibank, N.A. Represented By
Deborah L Schrier-Rape
Discover Financial Services Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack
Matthew Grimshaw
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Matthew Grimshaw D Edward Hays David Wood Anthony Bisconti
10:00 AM
Adv#: 8:15-01450 Golden v. Edwards
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Trustee's Complaint To Avoid And Recover Fraudulent Transfers
(Complaint filed 11/18/15) (PTC set at S/C held 5/25/16) FR: 2-10-16, 4-6-15; 5-25-16; 1-11-17
Docket 1
- NONE LISTED -
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Defendant(s):
Kammi D. Edwards Represented By Richard E Donahoo
Plaintiff(s):
Jeffrey I. Golden Represented By Michael G D'Alba
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
10:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11
U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16) (PTC set at S/C held 5/11/16)
FR: 5-11-16; 10-19-16; 12-14-16
Docket 1
NONE LISTED -
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01137 ABD, LLC et al v. Weidenhammer
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523 (Complaint filed 5/17/16)
PTC set at S/C held 8/17/16) FR: 8-17-16
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
Giovinazzo Family Real Estate Represented By Rika Kido
ABD, LLC Represented By
Rika Kido
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01162 Castaneda et al v. Weidenhammer
PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination Of Non- Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2), (a)(4) And (a)(6)
(Complaint filed 6/22/16) (PTC set at S/C held 9/28/16) FR: 9-28-16
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
Vintage Laguna, LLC Represented By Christopher P Walker
Americo Opportunity Fund, LLC Represented By
Christopher P Walker
Robert Castaneda Represented By Christopher P Walker
10:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01178 Weidenhammer v. Cunningham
Hearing RE: Motion To Dismiss Plaintiff's First Amended Complaint For Violation Of The Automatic Stay
[11 U.S.C. Section 362) (Motion filed 1/24/17)
Docket 17
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
David Cunningham Pro Se
Plaintiff(s):
Scott James Weidenhammer Represented By Michael A Wallin
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01096 Cunningham v. Weidenhammer
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint To Determine Dischargeability
(Complaint filed 3/30/16) (PTC set at S/C held 6/29/16) (First Amended Complaint filed 12/12/16)
FR: 3-30-16; 6-29-16; 3-15-17
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
David T Cunningham Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01096 Cunningham v. Weidenhammer
Hearing RE: Order To Show Cause Why The Case Should Not Be Dismissed For Plaintiff's Failure To Fully Cooperate With Defendant's Counsel And Comply With Plaintiff's Obligations Under Local Bankruptcy Rule 7016-1(b)
(OSC Entered 3-9-17)
Docket 0
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
David T Cunningham Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
Hearing RE: Plaintiffs' Motion To Compel Compliance With Docket 66 RE:
Email Production
(Motion filed 4/10/17) (OST Entered 4-12-17)
Docket 82
Tentative for 4/19/2017:
The Court has reviewed the pleadings and has determined that further information is necessary prior to a hearing on this matter. Accordingly, the Court will CONTINUE the hearing on this matter to May 10, 2017 at 10:00
a.m. No hearing will occur on April 19, 2017. An order providing additional information is forthcoming.
Plaintiffs are to provide telephonic notice to the third-party witness Paul Crouch, Jr., and the Defendant, Brittany Davidson, that there is no hearing tomorrow and that the hearing is continued. This telephonic notice is to be provided as soon as practicable, and no later than 5:00 p.m. on April 18, 2017.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
10:00 AM
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
Hearing RE: Motion For Issuance Of An Order To Show Cause To Non-Party Witness, Paul Crouch Jr. Pursuant To LBR 9020-1 And Federal Rules Of Civil Procedure 45 And For Monetary Sanctions
(Motin filed 4/11/17) (OST Entered 4/12/17)
Docket 85
Tentative for 4/19/2017:
The Court has reviewed the pleadings and has determined that further information is necessary prior to a hearing on this matter. Accordingly, the Court will CONTINUE the hearing on this matter to May 10, 2017 at 10:00
a.m. No hearing will occur on April 19, 2017. An order providing additional information is forthcoming.
Plaintiffs are to provide telephonic notice to the third-party witness Paul Crouch, Jr., and the Defendant, Brittany Davidson, that there is no hearing tomorrow and that the hearing is continued. This telephonic notice is to be provided as soon as practicable, and no later than 5:00 p.m. on April 18, 2017.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
10:00 AM
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 3/6/17) (Amended Notice filed 3/14/17)
[RE: TIMOTHY J. YOO - Chapter 7 Trustee] [Fees: $5,751.25; Expenses: $45.41]
[RE: ARENT FOX LLP - Attorney For Chapter 7 Trustee] [Fees: $113,665.03; Expenses: $9,115.48]
[RE: GLASSRATNER ADVISORY & CAPITAL GROUP LLC - Expert Witness
For Chapter 7 Trustee]
[Fees: $6,500.52; Expenses: $30.37]
[RE: JEFFREY SUMPTER, ESQ. - Flat Fee Tax Preparer For Chapter 7 Trustee]
[Fees: 750.00]
Docket 70
Revised Tentative for 4/19/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Trustee to lodge an appropriate order within seven (7) days.
*********************************************************************************
11:00 AM
Tentative for 4/19/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Sami Salim Rustom Represented By David M Flader
Trustee(s):
Timothy Yoo (TR) Represented By Andy Kong
Aram Ordubegian Jeffrey L Sumpter
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 3/14/17)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $5,750.00; Expenses: $64.46]
[RE: LAKE FOREST BANKRUPTCY II, APLC - Attorney For Chapter 7
Trustee]
[Fees: $4,743.00; Expenses: $819.63]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $750.00; Expenses: $0.00]
Docket 0
Revised Tentative for 4/19/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Trustee to lodge an appropriate order within seven (7) days.
********************************************************************************* Tentative for 4/19/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court
11:00 AM
appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Orion Taylor Represented By
Randal A Whitecotton
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
PRETRIAL CONFERENCE Hearing RE: First Amended Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a) (2); (a)(4) And (a)(6)
(Complaint filed 6/8/16)(set at s/c held on 8/31/16) (First Amended Complaint filed 6/9/16)
Docket 1
NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01162 Castaneda et al v. Weidenhammer
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination Of Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2), (a)(4) And (a)(6)
(Complaint filed 6/22/16) (PTC set at S/C held 9/28/16) FR: 9-28-16; 4-19-17
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
Vintage Laguna, LLC Represented By Christopher P Walker
Americo Opportunity Fund, LLC Represented By
Christopher P Walker
Robert Castaneda Represented By Christopher P Walker
10:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Personal Property] (Motion filed 2/19/17)
Fifth Third Bank vs. DEBTOR (Motion filed 2/19/17)
[RE: 2015 Toyota Corolla - Vin No: 5YFBURHE9FP260834]
FR: 3-16-17
Docket 17
Tentative for 4/20/17:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 3/16/17 is to CONTINUE to 4/20/17 at 10:00 a.m.
The motion is supported by the Declaration of Ashley Davis. Ms. Davis's declaration, however, does not list her title or in what capacity she is employed by Movant and therefore the Court is unable to verify that Ms. Davis is, indeed, an "authorized person" and that an appropriate foundation was laid for the facts testified to in the Declaration. Movant is to file a supplemental or amended declaration by no later than March 23, 2017.
Appearances are excused for the 3/16/17 hearing.
10:00 AM
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Honda Lease Trust vs. DEBTORS; And Jeffrey I. Golden, Chapter 7 Trustee
[RE: 2016 Honda Accord - VIN No.: 1HGC R2F8 9GA0 61431]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Steven N. Nelson Represented By Stirling J Hopson
Joint Debtor(s):
Tona F. Nelson Represented By Stirling J Hopson
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion Of Paul Chieu Nguyen For Order: (1) Authorizing Sale Of Real Property Commonly Known As 10532 A & B Trask Avenue, Garden Grove, California 92843, Free And Clear Of Liens, Claims, And Interests; (2) Approving Proposed Overbid Procedures; (3) Determining That Buyer Is Good Faith Purchaser; (4) Authorizing Payment Of Costs Of Sale And Brokers' Commission From Escrow; And (5) Waiving The Fourteen Day Stay Prescribed By Rule 6004
Of The Federal Rules Of Bankruptcy Procedure (Motion filed 3/30/17)
Docket 162
Tentative for 4/20/17 is to GRANT.
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/14) (Set per Order Confirming Plan Entered 9-25-15)
FR: Advanced from 8-21-14; Advanced from 8-7-14 at 11:00 a.m.; 8-7-14; 12-
11-14; 1-15-15; 1-29-15; 5-7-15; 7-9-15; 9-17-15; 4-14-16; 4-28-16; 10-13-16
Docket 1
Tentative for 4/20/2017:
The Court has received and reviewed the post-confirmation status report filed 4/06/17 [Dk. 753] and will CONTINUE the status conference to October 19, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 10/13/2016:
The Court has received and reviewed the post-confirmation status report filed 9/28/16 [Dk. 747] and will CONTINUE the status conference to April 20, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/28/2016:
The Court has received and reviewed the post-confirmation status report filed 3/31/16 [Dk. 736] and will CONTINUE the status conference to October 13, 2016 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Appearances are excused.
*************************************************************************** Tentative for 7/9/15 is to CONTINUE to 9/17/2015, at 11:00 a.m.
Appearances are excused.
*************************************************************************** Tentative for 1/15/2015:
Appearances are required.
*************************************************************************** Tentative for 8/7/2014:
The Court has received and reviewed the status report filed on July 24, 2014 as well as the supplement dated August 1, 2014. The Court is inclined to set the following dates and deadlines:
Claims bar date: October 30, 2014. Notice of the bar date to be served by no later than August 30, 2014.
Deadline to file a plan and disclosure statement: December 2, 2014. Note that failure to file a plan or disclosure statement may result in sanctions including dismissal or conversion of the case to chapter 7.
Continued status conference: December 11, 2014 at 11:00 a.m. A status report is due 14 days in advance.
Debtor's counsel is to submit an order within seven (7) days.
Appearances are excused.
11:00 AM
Debtor(s):
Randall William Blanchard Represented By Marc J Winthrop
Garrick A Hollander Jacob C Gonzales
Trustee(s):
Richard Pachulski (TR) Represented By Teddy M Kapur Jeremy V Richards
11:00 AM
CONT'D Hearing RE: Petitioners' Motion For Order Disallowing The Following Claims:
(Motion filed 3/24/16)
Claim No. 155 Deutsche Bank Trust Company Americas
$1,933,855.15
as Trustee on behalf of the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage
Pass-Through Certificates, Series 2012-C8
Claim 157 Deutsche Bank Trust Company Americas
$2,906,465.33
as Trustee on behalf of the Registered Holders of WFRBS Commercial Mortgage Pass-Through Certificates, Series 2011-C3
Claim No. 160 Deutsche Bank Trust Company Americas
$2,041,653.81
as Trustee on behalf of the Registered Holders of WFRBS Commercial Mortgage Pass-Through Certificates, Series 2012-C6
FR: 5-12-16; 6-30-16; 9-1-16; 11-3-16; 1-12-17
Docket 491
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera
11:00 AM
Movant(s):
Peter W Lianides Andrew B Levin
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Daily Mortgage Fund III, LP Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
11:00 AM
CONT'D Hearing RE: Petitioners' Motion For Order Disallowing The Following Claims:
(Motion filed 3/24/15)
Claim 152 U.S. Bank National Association as Trustee $9,248,337.28 on Behalf of the Registered Holders Of GS
Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 2012-GCJ9
FR: 5-12-16; 6-30-16; 9-1-16; 11-3-16; 1-12-17
Docket 495
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Daily Mortgage Fund III, LP Represented By
11:00 AM
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 4/1/15)
FR: 6-4-15; 10-8-15; 11-5-15; 2-4-16; 4-7-16; 5-12-16; 8-18-16; 1-12-17
Docket 1
Tentative for 4/20/17:
The Court has received and reviewed the post-confirmation status report filed 4/13/17 [Dk. 178] and will CONTINUE the post-confirmation status conference to July 13, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances excused.
****************************************************************************** Tentative for 1/12/2017:
The Court has received and reviewed the post-confirmation status report [Dk. 170] and will CONTINUE the post-confirmation status conference to 4/20/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances excused.
*************************************************************************** Tentative for 8/18/2016:
A post-confirmation status conference will be set for 1/12/2017 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
*************************************************************************** Tentative for 11/5/2015:
None listed.
*************************************************************************** Tentative for 10/8/2015:
This matter is CONTINUED to 11/5/15 at 11:00 a.m. to coincide with the hearing on the adequacy of the Debtor 's disclosure statement. A status report is NOT required for the 11/5/15 hearing.
Appearances are excused.
*************************************************************************** Tentative for 6/04/15:
The Court has received and reviewed the Debtor's status report filed 5/21/15 [Dk. 43] in which the Debtor proposes the following dates:
Deadline to file a plan and disclosure statement: 9/18/15
Deadline for filing proofs of claim: 8/14/15
Deadline for filing objections to claims: 9/18/15
Deadline for filing avoidance actions: 9/18/15
The Court will adopt Debtor's proposed deadlines and further orders:
Notice of the Deadline for filing proofs of claim must be served by no later than 6/15/15.
A continued status conference will be held on October 8, 2015 at 11:00
a.m. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven (7) days and include the warning that the failure to timely file a plan and disclosure statement may result in dismissal or conversion of the case.
Appearances are excused.
11:00 AM
Debtor(s):
Joe R. Martinez Represented By
M Jonathan Hayes Roksana D. Moradi
11:00 AM
Adv#: 8:16-01156 Local Corporation v. American Express Company et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Preferential Transfers Of Property And For Disallowance Of Claims (Complaint filed 6/15/16) (PTC set at S/C held 10/13/16)
FR: 9-1-16; 10-13-16
Docket 1
NONE LISTED -
Debtor(s):
Local Corporation, a Delaware Represented By Marc J Winthrop
Garrick A Hollander Peter W Lianides Andrew B Levin Amelia Puertas-Samara
Defendant(s):
American Express Travel Related Represented By
Robert S Lampl
American Express Company Represented By Robert S Lampl
Plaintiff(s):
Local Corporation Represented By Richard H Golubow
11:00 AM
11:00 AM
CONT'D Hearing RE: Debtor's Fourth Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
[Second Amended D.S. filed 1/20/17] (First Amended D.S. filed 12/23/16) (Set at hearing held 1/12/17)
(Third Amended D.S. filed 3/3/17) (Fourth Amended D.S. filed 4/3/17)
FR: 12-15-16; 2-16-17; 3-9-17
Docket 105
Tentative for 4/20/17:
None listed.
*************************************************************************** Tentative for 3/09/17:
The Court has reviewed Debtor's Third Amended Disclosure Statement ("TADS") filed 3/3/17 [Dk. 90] and notes the following:
The TADS does not reference the $100,000 post-petition payment to Debtor's secured lender.
The TADS states that a stipulation with the lender was reached and that the stipulation is attached [Dk. 90, pg. 5:25-6:2]; no stipulation was attached. The stipulation was subsequently filed 3/6/17 [Dk. 94]. The stipulation provides, among other things, that Debtor will pay $7,182.97 per month for the principal and an additional $2,885.00 commencing 3/1/17 for 60 months for the arrearages [Dk. 94, ¶¶2, 4], for a total of $10,067.97 per month for 60 months. As discussed below, Debtor states that the Plan will be funded by Debtor's income and references Ex. B, which describes Debtor's
11:00 AM
income as $10,600 per month.
While the TADS states that the success of Debtor's plan is contingent on a loan modification with the lender [Dk. 90, pg. 5:24-25], it does not state what the lender's position is with respect to loan modification. Debtor was previously instructed by the Court to include this information.
The TADS is internally inconsistent with respect to the amount that will be paid to unsecured creditors: at page 14:20-21, it provides that payments will be made in 60 equal monthly installments of $500 each, whereas as page 23:8-10 it provides that Debtor will pay $1,500 per month for 60 months. Moreover, in light of the amount Debtor will pay secured lender under the stipulation ($10,067.97), Debtor does not have any funds to pay unsecured creditors.
The TADS does not address the feasibility issues previously raised. At the last hearing, the Court specifically cautioned that the failure to address feasibility would result in conversion of the case.
As with the prior iterations of the disclosure statement, the TADS states that it has income and expense projections, and references Exhibit B, but that exhibit does not contain any projections. Rather, Exhibit B is a declaration of post-petition expenses, with a one-line statement that the Debtor receives $10,600 in total monthly income. See, Exhibit B [Dk. 90-1, pg. 9]. Without more, this fails to provide adequate information concerning feasibility. Moreover, the figures in Exhibit B differ from the amounts in the MORs, which, as pointed out by U.S. Bank in their prior Opposition [Dk. 76, page 4, lines 13-15] reflect fluctuations in income between $6,000 and
$12,000. This issue was previously pointed out in the 1/12/17 tentative. The most recently filed MOR [Dk. 86, pg. 2] indicates receipts of only $84.80.
Finally, the TADS does not provide an estimate of the outstanding fees owed to Debtor's counsel. While counsel states he has agreed to accept monthly payments [See, Dk. 90, pg. 11:21-28], without an estimated amount, the Court is further hindered in evaluating Debtor's future monthly obligations and ability to pay.
11:00 AM
Appearances required.
***************************************************************************** Tentative for 2/16/17 is to DISMISS or CONVERT. The Court would like to hear from the parties on whether dismissal or conversion is appropriate.
The background of this case is set forth in the tentative from 1/12/17, below. At the 1/12/17 hearing, the Court ordered the Debtor to:
File a Second Amended Disclosure Statement and Plan, addressing the oppositions field by the Bank and the United States Trustee, by no later than January 20, 2017. Further, since Debtor's plan is contingent upon a successful loan modification, the Court specifically advised Debtor to include what the Bank's position is on whether Debtor has successfully submitted a modification proposal.
Debtor filed a Second Amended Disclosure Statement and Plan by January 20, 2017 [Dk. 78]. Debtor did not adequately address all concerns and/or follow all instructions by the Court. Moreover, the Bank subsequently filed a declaration on 2/9/17 [Dk. 82] stating that the loan modification was denied. Both the Bank [Dk. 81] and the United States Trustee [Dk. 83] filed objections to the Second Amended Disclosure Statement, which address the treatment of the Bank's claim and feasibility.
File and serve a Notice of Continued Hearing, advising all parties that oppositions were due by February 9, 2017 and replies by the Debtor were due by February 16, 2017 at 11:00 a.m. (counsel could bring it to Court). The Court is unable to locate on the docket a Notice of Continued Hearing advising all parties of these deadlines.
File amended MORs by no later than February 10, 2017. The Court specifically warned that the failure to do so would result in the likely conversion of the case to chapter 7. The Debtor did not file amended MORs by February 10, 2017 (or, as of the date of the posting of this tentative).
Appearances required.
11:00 AM
**************************************************************************** Tentative for 1/12/2017 is to DENY.
As background, the Court notes that it denied the first Disclosure Statement, and required the Debtor to file and serve a First Amended Disclosure Statement and Plan by no later than November 17, 2016. See Order [Dk. 49]. The Debtor failed to file an amended disclosure statement by that time, and the Court issued an OSC re: dismissal. See OSC [Dk. 62]. The Court then entered a scheduling order [Dk. 68], extending the time for the Debtor to file an amended disclosure statement to December 21, 2016. The Debtor met this December 21, 2016 deadline, and today is the hearing. See Amended Disclosure Statement [Dk. 73]. Confusingly, the Debtor then filed another Amended Disclosure Statement on December 23, 2016. See [Dk. 75]. It is unclear whether these two documents are identical or not; however, the Court will assume the most recently-filed document is operative. A status conference in this case is currently set for 2/16/2017 at 11:00 a.m.
The Amended Disclosure Statement [Dk. 75] lacks adequate information:
The treatment and claim amounts listed in Class 2 for Select Portfolio Servicing ("SPS") as referenced in the Amended Disclosure Statement differ from the amounts as listed in the Plan. Compare [Dk. 75, page 13] with [Dk. 75-2, page 3]. This is confusing, and fails to apprise SPS of the treatment the Debtor is proposing.
The Amended Disclosure Statement states that it has income and expense projections, and references Exhibit B, but that exhibit does not contain any projections. Rather, Exhibit B is a declaration of post- petition expenses, with a one-line statement that the Debtor receives
$10,600 in total monthly income. See Exhibit B [Dk. 75-1, page 9]. Without more, this fails to provide adequate information concerning feasibility. Moreover, the figures in Exhibit B differ from the amounts in the MORs, which, as pointed out by U.S. Bank in their Opposition [Dk. 76, page 4, lines 13-15] reflect fluctuations in income between $6,000 and $12,000.
The liquidation analysis must be updated to reflect the value of assets,
11:00 AM
reduced by liabilities or exemptions. Instead, it simply lists a $0 value for exempt assets. This is insufficient for a liquidation analysis.
The Debtor failed to disclose funds on hand as of the effective date of confirmation.
Finally, the Court notes that no judge’s copies were provided by the Debtor of the Amended Disclosure Statement.
Physical appearances by Debtor's counsel and the Debtor are required.
*************************************************************************** Tentative for 12/15/2016:
Debtor's counsel filed a declaration [Dk. 66] on 12/10/2016 stating that he thought the chapter 11 case status conference was continued to 1/12/2017, but he failed to notice an amended order [Dk. 50] advancing the chapter 11 case status conference to 12/15/2016. The declaration does not, however, explain why debtor's counsel failed to file an amended plan and disclosure statement by 11/17/2016, as required by the Court's order [Dk. 49] entered on 10/12/2016.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 6/13/16)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17
Docket 0
Tentative for 4/20/17:
None listed.
************************************************************************* Tentative for 3/09/17:
See tentative for calendar item number 18.10.
************************************************************************** Tentative for 2/16/17:
See tentative for calendar item number 3.
*************************************************************************** Tentative for 12/15/2016:
See tentative for calendar item number 20.
**************************************************************************** Tentative for 8/4/16 is to DISMISS or CONVERT:
Pursuant to the Order issued 6/15/16 [Dk. 10] (the "Order"), Debtor was required to serve the Order within 48 hours of receipt on the 20 largest unsecured creditors, all secured creditors and the U.S. Trustee. The docket
11:00 AM
does not indicate that such service occurred.
Additionally, the Order requires Debtor to file and serve a status report 14 days prior to the status conference, which report is to be supported by evidence and supporting documents and include a line-item budget for the first 60 days of the bankruptcy. Debtor filed a late status report [Dk. 25] on 7/30/2016, five days before this hearing.
The Order specifically provides:
FAILURE OF THE DEBTOR TO APPEAR (THROUGH COUNSEL, IF THE DEBTOR IS REPRESENTED), TO FILE A STATUS REPORT, OR TO SERVE THIS NOTICE AS REQUIRED MAY RESULT IN THE APPOINTMENT OF A CHAPTER 11 TRUSTEE, DISMISSAL OF THE CASE, OR CONVERSION TO A CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE.
The Court would like to hear from the U.S. Trustee on whether dismissal or conversion is appropriate.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17
Docket 16
Tentative for 4/20/2017:
The Court has received and reviewed the status report filed 4/17/17 [Dk. 22] and will CONTINUE this matter to 6/19/17 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Defendant(s):
Michael Edward Favreau Pro Se
Plaintiff(s):
Theresa-Keane Ruiz Represented By John W Lucas
Christopher P. Ruiz Represented By John W Lucas
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/516) FR: 1-19-17
Docket 0
Tentative for 4/20/17:
The Court has received and reviewed the Status Conference Statement filed on 4/6/17 [ Dk. 81] and will CONTINUE this matter to June 15, 2017 at 11:00
a.m. to coincide with the hearing on the Debtor's disclosure statement. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 1/19/17:
The Court is in receipt of the Debtor's late-filed status conference report. The report was due on 1/5/17 pursuant to the order entered 12/7/16 [Dk. 5], however it was filed a week late on 1/12/17 [Dk. 47] without explanation.
Further, the report [Dk. 47] and accompanying declaration [Dk. 48] do not provide a line-item budget as required by the order entered 12/7/16 [Dk. 5] (the prior filing of a cash collateral motion or a MOR do not comply with the Court's requirement).
The Court is inclined to sanction Debtor's counsel $50.00 for the late filing. The Court will set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: March 3, 2017 as
11:00 AM
proposed by Debtor in the status report [Dk. 47].
Deadline to file objections to claims and avoidance actions: March 31, 2017 [Note: Debtor proposed March 3, 2017 in the status report; however, the Court will set March 31, 2017 as the date].
Debtor's counsel's employment application was denied for failure to follow all applicable local rules. Debtor's counsel is to file a new employment application by no later than January 31, 2017.
Appearances required.
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
Hearing RE: Motion For Order Approving The Adequacy Of Disclosure Statement In Support Of Chapter 11 Plan Of Reorganization And Setting Dates And Procedures For Approval Of Chapter 11 Plan Of Reorganization
(D.S. Filed 3/6/17)
Docket 70
NONE LISTED -
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt [11 U.S.C. Section 523(a)(2)] (Complaint filed 1/26/17)
Docket 1
NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 2/24/17)
Docket 0
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen
9:30 PM
Adv#: 6:15-01008 United States Trustee for the Central District of v. Singh et al
TRIAL re: Complaint by United States Trustee for the Central District of California, Region 16 against Pradeep Singh, Rindi P Singh. (Fee Not Required). Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d), (e))
EH
Docket 1
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Pro Se
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
United States Trustee for the Central Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:30 PM
U.S. Trustee(s):
United States Trustee (RS) Pro Se
10:00 AM
Gunderson Law Firm - movant attorney Motion for Relief from Stay
1988 Prim Revocable Trust, 395 Lampe, LLC, Edgewood Commerical Village,
LLC, and Wayne Prim vs. DEBTOR
(Motion filed 2/9/17) (Cont. from 3/14/17) EH
Docket 49
Tentative for 5/2/17:
The Court finds the Movant’s Curtis factor analysis inconclusive and lacking in detail, description, and clarity. The Court is inclined to DENY the Motion without prejudice.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
10:00 AM
Best Best & Krieger, LLP -movant attorney Motion for Relief from stay
Brian A Glasser as Trustee of the Yellowstone Club Liquidating Trust vs. DEBTOR
(Motion filed 3/31/17) re: pending lawsuit
Docket 58
Tentative for 5/02/17 is to GRANT to allow Movant to liquidate its claim only, as proposed by the Chapter 7 Trustee in her Limited Opposition filed 4/18/17 [Dk. 61] and agreed to by Movant in its Reply filed 4/25/17 [Dk. 71].
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Arturo Cisneros, chapter 7 trustee
(Motion filed 4/6/17) RE: 2010 Honda Accord EH
Docket 10
- NONE LISTED -
Debtor(s):
Irene Debra Deloach Represented By Kahlil J McAlpin
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Bret D. Allen, Esq. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 3/28/17)
Re: 2014 BMW 3 Series Sedan 4D 328i
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rizza Jane Datuin Villafania Represented By Nicholas M Wajda
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Barry Lee O'Connor & Associates, A PLC - movant attorney Motion for Relief from Stay
Dongtien LLC Van Bai vs. DEBTORS (Motion filed 2/10/17)
(Cont. from 3/7/17)
Re: 702 S. Claudina Street Anaheim CA 92805 EH
Docket 12
- NONE LISTED -
Debtor(s):
Jose Buendia Ramirez Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Scheer Law Group, LLP - movant attorney Motion for Relief from Stay
Financial Services Vehicle Trust vs. DEBTOR, Lynda Bui, chapter 7 trustee (Motion filed 4/5/17)
Re: 2015 BMW X5; VIN: 5UXKR6C5XF0J78076
EH
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Steve Robert Brennen Represented By Jenny L Doling
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Mark Estle - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 3/29/17)
Re: 2011 Toyota Camry, VIN:4T1BF3EK2BU193617
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Melissa Lewis Represented By David L Nelson
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTORS, Charles W. Daff, chapter 7 trustee
(Motion filed 3/29/17)
Re: 8775 Tamarind Ave, Fontana, CA 92335 EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Marcus Gomez
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Marcus Gomez
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs DEBTOR (Motion filed 4/4/17)
RE: 2006 CHEVROLET SILVERADO 1500, VIN 1GCEC14X06Z122260
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Monica Renee Betts Represented By Aaron Lloyd
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS, Robert Whitmore, trustee (Motion filed 3/29/17)
Re: 2011 Ford Fusion, VIN 3FAHP0HA0BR275193
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Elnora Jones Pro Se
Joint Debtor(s):
Matthew Jones Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS, Howard B. Grobstein, trustee (Motion filed 3/29/17)
Re: 2004 Honda Pilot, VIN 2HKYF18564H602188
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Vincent A. Medina Represented By Gilbert A Diaz
Joint Debtor(s):
Ruby M. Medina Represented By Gilbert A Diaz
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/21/17 to Disallow Claims No. 13 filed by Protection One as Not Allowable Against the Estate
EH
Docket 99
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/2/117 to Disallow No. #15 filed by Linde LLC as Not Allowable Against the Estate
EH
Docket 101
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/21/17 to Disallow Claim No.18 filed by Desert Sun Oil Corp. as Not Allowable Against Estate
EH
Docket 104
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/21/17 to Allow Claim No. 28 filed by National Bank of Arizona as Late Filed and as a Fully Secured, Not Entitled to a Dividend
EH
Docket 106
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/21/17 to Disallow Claims No. 14 filed by Ryder Truck Rental, Inc. as Not Allowable Against Estate
EH
Docket 108
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/21/17 to Allow Claim No. 29 filed by Ally Bank as Late Filed, allowable against a surplus only
EH
Docket 110
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/22/17 to Allow Claim 30 filed by County of San Bernardino, Office of the Tax Collector as Fully Secured
EH
Docket 112
Tentative for 5/02/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/23/17 For Sale of Property of the Estate under Section 363(b) (1) authorizing sale of real property of the estate;
(2) confirming sale to third party or the highest bidder appearing at hearing; (3) for determination that buyer is entitled to § 363(m) protection; and (4) waiving the fourteen day stay prescribed by rule 6004
(Cont. from 4/18/17) EH
Docket 32
Tentative for 5/02/17:
None listed.
***************************************************************************** Tentative for 4/18/17:
Before the Court is the Motion for Sale of Property of the Estate under Section 363(b) [Dk. 32] ("Motion") filed by the Trustee on 3/23/17. On 3/31/17, the Debtor filed an Opposition to the Motion [Dk. 36], which, among other things, argued that an equity buy back agreement proposed between the Debtor and the Trustee would provide a larger return for unsecured creditors than the deal proposed in the Motion. On 4/11/17, the Trustee filed a Reply [Dk. 37].
The Court requires further clarification from the Parties. The Trustee should be prepared to orally rebut the assertions set forth in the Opposition.
Appearances required.
11:00 AM
Debtor(s):
Henry Mark Ridha Represented By Joseph L Borrie
Trustee(s):
Lynda T. Bui (TR) Represented By Larry D Simons
1:30 PM
Hrg. on Post Confirmation Status Conference EH
Docket 0
Tentative for 5/02/17:
The Court has received and reviewed the reports filed 2/17/17 [Dk. 296] and 4/20/17 [Dk. 297] and will CONTINUE this matter to October 17, 2017 at 1:30
p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
1:30 PM
Snell & Wilmer L.L.P. - movant attorney Motion for Relief from Stay
TREIF USA, Inc. vs. DEBTOR
(Motion filed 3/27/17)
Re: TREIF Puma Portion Cutter with Conveyance EH
Docket 111
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
11:00 AM
Adv#: 6:15-01008 United States Trustee for the Central District of v. Singh et al
CONT'D TRIAL re: Complaint by United States Trustee for the Central District of California, Region 16 against Pradeep Singh, Rindi P Singh. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))
EH
Docket 1
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Pro Se
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
United States Trustee for the Central Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:15-01326 Frazer v. Dorati et al
PRE-TRIAL CONFERENCE re Complaint by Helen R. Frazer against Austin Dorati, Brooke Dorati. (Charge To Estate). for: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 2) Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code
§§3439.04, 3439.05, 3439.07]; 3) Avoidance of Preferential Transfers and
Recovery of Same [11 U.S.C. §§ 547, 550]; 4) Disallowance of Claims [11
U.S.C. §502(d)]; 5) Unjust Enrichment [11 U.S.C. §105]; 6) Declaratory Relief [11 U.S.C. § § 547, 548, FRBP 7001(9)]; and 7) Turnover [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))
EH
Docket 1
Debtor(s):
Gustavo Daniel Dorati Represented By Christopher C Barsness
Defendant(s):
Brooke Dorati Pro Se
Austin Dorati Pro Se
Plaintiff(s):
Helen R. Frazer Represented By Elyza P Eshaghi
1:30 PM
Trustee(s):
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
Hrg. on Plaintiff's Motion filed 2/28/17 for Summary Judgment on claims under
U.S.C. §§523(a)(2)(A) and (a)(6), or, in the alternative, for an adjudication of undisputed facts
EH
Docket 19
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Mohammad Far Represented By Stephen H Darrow
Ruth Ann Far Represented By
Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Ames Todd O'Laverty Represented By Ian Landsberg
Cheri O'Laverty Represented By Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
1:30 PM
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
Hrg. on Motion filed 2/28/17 by One Point Human Capital management LLC for Summary Judgment or, In the Alternative, for Summary Adjudication of Issues
(Cont. from 3/29/17) EH
Docket 14
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
10:00 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
Hearing RE: Cross-Complainants' Motion For An Order Substituting James A. Robertson, In His Capacity As Executor Of The Estate Of Allan W. Reumont, For Deceased Cross-Defendant Allan Reumont, Pursuant To Federal Rules Of Civil Procedure 25(a)(1)
(Motion filed 4/7/17)
Docket 554
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
10:00 AM
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Adv#: 8:15-01421 Marshack v. Sunwize Technologies, Inc. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 10/19/16)
[The following defendants, Sunwize LLC; Sunwize Home LLC; Sunwize Power & Battery, LLC; and Islandwide Solar, LLC were dismissed with prejudice per Order Entered 1-4-16 - Docket No. 11]
FR: 3-9-16; 3-15-16; 8-17-16; 10-19-16 (advanced from 5-17-17)
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
MCA Financial Group, Ltd. by and Represented By
Jeffrey L Sklar
Sunwize Technologies, Inc. Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
Hearing RE: Motion For Summary Judgment Or In The Alternative Summary Adjudication
(Motion filed 3/23/17) (Amended Motion filed 3/23/17)
Docket 32
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman
10:00 AM
Melissa Davis Lowe
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D STATUS CONFERENCE Hearing RE: Plaintiff's Motion Combined With Joint Stipulation Pursuant To LBR 7026-1(c)(3)(A) For Orders Against Defendant:
Overruling Objections To Rule 34 Request To Produce Documents;
Compelling Production Of Documents;
Compelling Production Of Hard Drives For Imaging;
Compelling Production Of Passwords To WEB Based Email Accounts And Cooperation With Google And Yahoo;
Sanctions In The Sum Of $6,750.00 (Motion filed 11/21/16)
FR: 12-14-16; (Advanced from 5-17-17)
Docket 41
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
10:00 AM
Trustee(s):
Ted J Nelson Douglas L Mahaffey
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01178 Weidenhammer v. Cunningham
CON'TD PRE-TRIAL CONFERENCE Hearing RE: Complaint For Violations Of Automatic Stay (11 U.S.C. Section 362)
(Complaint Filed 7/21/2016) (PTC set at S/C held 10/19/16) FR: (Advanced from 5-17-17)
Docket 1
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
David Cunningham Pro Se
Plaintiff(s):
Scott James Weidenhammer Represented By Michael A Wallin
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01020 Lowe v. Navient Solutions Inc. et al
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Student Loan Debts
(Complaint filed 2/7/17)
[Defendant Navient Solutions, LLC - Dismissed - Order Entered 3-29-17- Docket no. 9]
Docket 1
Debtor(s):
Matthew Ryan Lowe Represented By Kari E Gibson
Defendant(s):
United States Department of Pro Se
Navient Solutions Inc. Pro Se
Plaintiff(s):
Matthew Lowe Represented By Kari E Gibson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Adv#: 8:17-01021 Marshack v. Sand
STATUS CONFERENCE Hearing RE: Complaint For Turnover Of Property Of The Estate
[11 U.S.C. Sections 542(a)] (Complaint filed 2/8/17)
Docket 1
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Defendant(s):
Helen Melissa Sand Pro Se
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 3/30/17)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $3,448.88; Expenses: $142.48]
[RE: MARSHACK HAYS LLP - Attorney For Chapter 7 Trustee] [Fees: $117,722.50; Expenses: $3,958.50]
[RE: O.C. ARMORY - Auctioneer] [Fees: $1,967.67; Expenses: $0.00]
[RE: DAVID L. HAHN - Former Chapter 7 Trustee] [Fees: 5,173.33; Expenses: $100.00]
[RE: GROBSTEIN TEEPLE LLP - Accountants For Chapter 7 Trustee] [Fees: 3,364.50; Fees: $152.85]
Docket 379
Debtor(s):
William K Knox Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By David Wood
Matthew Grimshaw D Edward Hays
11:00 AM
CONT'D Hearing RE: Motion For Disallowance Of Debtor's Claimed Homestead Exemption
(Motion filed 3/2/17) FR: 4-5-17
Docket 21
Debtor(s):
Romy Tan Albarico Represented By John Morkos
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
10:00 AM
Adv#: 6:15-01008 United States Trustee for the Central District of v. Singh et al
CONT'D TRIAL re: Complaint by United States Trustee for the Central District of California, Region 16 against Pradeep Singh, Rindi P Singh. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))
EH
Docket 1
Tentative for 1/18/2017:
The Court has received and reviewed the joint pretrial stipulation [Dk. 107], and it is APPROVED. The parties have requested a trial date in April 2017. The Court's calendar currently has available trial dates for the week of April 24th. The parties should be prepared to discuss a suitable trial date.
**************************************************************************************** Tentative for 11/30/16:
The Court entered an order [Dk. 102] requiring a pretrial stipulation to be filed by 11/16/2016. No pretrial stipulation has been filed.
Appearances required.
**************************************************************************************** Tentative for 10/19/2016:
This matter is CONTINUED to 11/30/16 at 1:30 p.m. pursuant to the Stipulation of the parties filed 9/29/16 [Dk. 101].
Appearances are excused.
10:00 AM
**************************************************************************** Tentative for 4/1/2015 is to set the following dates and deadlines:
Discovery cutoff: 7/1/2015. This includes the date by which discovery motions must be heard and resolved.
Pretrial Motions cutoff: 8/1/2015. This includes the date by which non- discovery motions must be heard and resolved.
Pretrial Conference: 9/16/2015, at 1:30 p.m.
Failure to follow local rules or other federal rules may result in monetary or non-monetary sanctions, including striking the answer or dismissing the complaint.
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Pro Se
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
United States Trustee for the Central Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
10:00 AM
10:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 4/7/17)
[RE: 2015 Ford F150 - VIN No.: 1FTEW1EG0FFB70378]
Docket 10
Revised Tentative for 5/04/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Movant to lodge an appropriate order within seven (7) days.
***************************************************************************** Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Jack Gerald Cooper Represented By Robert P Taylor
Joint Debtor(s):
Chloe Ellen Johns-Cooper Represented By Robert P Taylor
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Motion To Amend Findings And Make Additional Findings Pursuant To FRCP 52(b)
(Motion filed 2/7/17)
FR: 3-9-17 at 11:00 a.m.; 3-9-17 at 1:30; 4-6-17
Docket 1454
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
Hearing RE: Motion To Allow A Late Filed Claim And To Extend Deadline For Filing Complaint Objecting To Discharge Under Bankruptcy Code Section 523 (Motion filed 3/30/17)
Docket 70
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
Hearing RE: Motion To Dismiss For Insufficient Service Of Process (Motion filed 4/3/17)
Docket 12
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
9:30 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
CONT'D Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
FR: 4-17-17
Docket 532
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Frank D'Errico Represented By
9:30 AM
David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Steckbauer Weinhart LLP - movant attorney Motion for Relief from Stay
San Bernardino County Treasurer and Tax Collector (Motion filed 4/18/17)
Re: REAL PROPERTY RE: 1812-1816 W. Foothill Blvd., Upland, CA 91786
EH
Docket 586
- NONE LISTED -
Debtor(s):
Richard John Rinard Pro Se
Trustee(s):
Helen R. Frazer (TR) Represented By
Helen R. Frazer (TR) D Edward Hays Arjun Sivakumar Laurel R Zaeske
10:00 AM
Law Offices of Carol Unruh - movant attorney Motion for Relief from Stay
Creative Investment Group, Inc. vs. DEBTOR (Motion filed 4/14/17)
Re: 18282 Manzanita Street Hesperia, CA 92345 EH
Docket 11
- NONE LISTED -
Debtor(s):
Natalie Patterson Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Revised Tentative for 5/09/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Trustee to lodge an appropriate order within seven (7) days.
*********************************************************************************
Tentative for 5/09/17 is to APPROVE as requested, and modified by the Stipulation between the United States Trustee and the Trustee's Special Litigation Counsel filed 4/06/17 [Dk. 72].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Park Wholesale Electric, Inc. Represented By
11:00 AM
Trustee(s):
Lynda T Bui Rika Kido
Arturo Cisneros (TR) Represented By Karen S. Naylor William M. Burd
Pamela J Scholefield
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Revised Tentative for 5/09/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Trustee to lodge an appropriate order within seven (7) days.
********************************************************************************* Tentative for 5/09/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jesus A Amezcua Represented By Todd L Turoci
11:00 AM
Joint Debtor(s):
Jennifer Amezcua Represented By Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Hrg. on Debtor's Motion filed 4/7/17 Motion for Order Authorizing and Approving Sale of Substantially All Assets of the Debtor to the Qualified Party Presenting the Highest And/or Otherwise Highest Qualified Bid Free and Clear of Liens, Claims and Encumbrances, and Interests Except Assumption of Certain Secured Claims Defined Herein
EH
Docket 121
Tentative for 5/9/17:
The Court is inclined to grant the Sale Motion, with certain modifications, provided the Debtor adequately addresses the following issues:
Confirmation that the Small Business Administration ("SBA") and the American Lending Center, formerly the U.S. Employment Development Lending Center ("U.S. Employment"), are the only creditors holding a secured interest in the property to be sold;
Proof that U.S. Employment consents to the proposed sale (including the resulting decrease in its lien);
Proof that U.S. Employment waives its right to credit bid, or that the secured creditors are otherwise adequately protected without the right to credit bid;
Confirmation that the property excepted from the Estate through the Stipulation at Dk. 78, approved in the Order entered at Dk. 96, is not part of the Debtor's Assets purchased by the Stalking Horse Bidder;
Justification for why waiver of the FRBP 6004(g) stay is appropriate; and
1:30 PM
Confirmation that the Asset Purchase Agreement referenced in the Motion is the Letter of Intent ("LOI") attached to the Motion as Exhibit
Debtor(s):
A. Debtor should also be prepared to outline what, if any, modifications have been made to the LOI and to demonstrate that notice of those modifications has been adequately provided.
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg on Order to Show Cause why case should not be dismissed or converted (OSC entered 4/5/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 5/9/17:
On 3/21/17, as Dk. No. 3, the Court entered an Order (1) Setting Scheduling Hearing and Case Management Conference and (2) Requiring Status Report ("Order"). The Order scheduled the status hearing for 5/9/17, and, among other things, required the Debtor to serve a copy of the Order on the 20 largest creditors within 48 hours and file a status report 14 days prior to the hearing.
As of the posting of this tentative, it does not appear that any proof of service regarding the Order was filed.
Moreover, while a Status Report was tardily filed on May 2, 2017 [Dk. 36], it fails to fully comply with the Order. Most notably, it does not include the required line-item budget covering the first 60 days of the bankruptcy.
Counsel should be prepared to discuss why this case should not be dismissed for failure to comply with this Court's Order.
Appearances are required.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/8/17 Between Debtor and First Investors Servicing Corporation, in the amount of $27,296.23
Re: 2012 Cadillac SRX
Docket 12
- NONE LISTED -
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of a Reaffirmation Agreeement filed 3/13/17 Between Debtor and Alaska USA Federal Credit Union.
EH
Docket 8
- NONE LISTED -
Debtor(s):
Karen Jean Usselman Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/27/17 Between Debtor and Mission Federal Credit Union, in the amount of $10,804.05
Re: 2011 Ford Focus
Docket 10
- NONE LISTED -
Debtor(s):
Francie D Ford Represented By Patricia M Ashcraft
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/29/17 between Debtor and Nissan Motor Acceptance Corporation in the amount of $6,329.39
Re: 2012 Nissan Versa
Docket 9
- NONE LISTED -
Debtor(s):
Araceli Orozco Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/14/17 Between Debtor and Alaska USA Federal Credit Union, in the amount of $8,306.54
Re: 2010 Nissan Cube
Docket 7
- NONE LISTED -
Debtor(s):
Sherry Ann Harris Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/20/17 between Debtor and Nissan Motor Acceptance Corporation in the amount of $ 20,206.59
re: 2014 Nissan Sentra
Docket 10
- NONE LISTED -
Debtor(s):
Sherry Ann Harris Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:17-01045 Delcomber v. Santiago
STATUS CONFERENCE re: Complaint by Yvonne Delcomber against Ruben Santiago. (523(a)(4), 523(a)(6), 523(a)(3)(B)).
Docket 1
Tentative for 5/10/17 is to set the following dates/deadlines:
Discovery cutoff: August 31, 2017. Note that this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 29, 2017. Note that this date includes the date by which all non-discovery motions must be heard and resolved.
Mediation deadline: September 29, 2017.
Pretrial conference: November 8, 2017 at 1:30 p.m.
The parties are specifically advised to fully cooperate and precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or the striking of the answer.
Plaintiff is to lodge an order within 7 days.
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
1:30 PM
Defendant(s):
Ruben Santiago Pro Se
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:16-01004 Simons v. Castellanos et al
PRE TRIAL CONFERENCE re Complaint by Larry D Simons against Irma N Castellanos, Rufilo Castellanos; Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))),(13 (Recovery of money/property - 548 fraudulent transfer))
EH
(Con't from 3/8/17)
Docket 1
- NONE LISTED -
Debtor(s):
Francisco Xavier Castellanos Represented By
James Geoffrey Beirne
Defendant(s):
Rufilo Castellanos Pro Se
Irma N Castellanos Represented By Michael Jay Berger
Plaintiff(s):
Larry D Simons Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. from 3/15/17)
EH
(Tele. appr. Casey Donoyan, rep. plaintiff, Ames Todd O'Laverty)
Docket 1
Tentative for 5/10/17:
The Court has reviewed the Status Report filed 5/2/17 [Dk. 34] and notes that it indicates the appeal has been filed and is pending. The Court will CONTINUE the status conference to August 16, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/15/17:
Appearances required. The parties should be prepared to discuss (1) the impact of the pending appeal on the motion for summary judgment presently calendared for 5/3/17; and (2) new dates for the pre-trial conference and motion for summary judgment, if warranted.
1:30 PM
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Ruth Ann Far Represented By
Stephen H Darrow
Mohammad Far Represented By Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Merilee Sousa Represented By Ian Landsberg
Cheri O'Laverty Represented By Ian Landsberg
Ames Todd O'Laverty Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
PRE-TRIAL CONFERENCE re: Complaint by Go-Fresh Produce, Inc. against Martin Coria. fraud as fiduciary, embezzlement, larceny))
(Cont. from 3/15/17) EH
Docket 1
Tentative for 5/10/17:
The Proposed Unilateral Pre-Trial Order lodged 4/26/17 [Dk. 31] is not accompanied by a declaration as required by LBR 7016-1(e)(1) ("At the same time [as the lodging of the unilateral pretrial stipulation], plaintiff must file and serve a declaration asserting the failure of the other parties and/or counsel for the parties to respond.").
The Court is also unclear why the existence of the Judgment identified in ¶B.1 is a fact which must be litigated.
Appearances required.
**************************************************************************** Tentative for 3/08/17:
The Court has received and reviewed the Stipulation filed 2/27/17 [Dk. 25] and will CONTINUE this matter to 3/15/17 at 1:30 p.m.
Appearances are excused for the 3/08/17 hearing.
*****************************************************************************
1:30 PM
Tentative for 1/18/2017:
This matter is CONTINUED to 3/8/17 at 1:30 p.m. for the purposes of having the parties prepare and submit a joint pretrial order by no later than 2/22/17.
Plaintiff lodged a Unilateral Proposed Pretrial Statement on 1/5/17 [Dk. 19], which contains the following statement at pg. 2, lines 8-10: "Both attorneys agreed to Plaintiff submitted this Unilateral Pre-Trial Order but to also work on a joint statement to be filed in the following week as well as attempt to settle the case." This statement indicates to the Court that the document filed is not and was not intended to be a final document. Accordingly, the parties are instructed to submit a joint pretrial statement by no later than 2/22/17.
Appearances are excused for the 1/18/17 hearing.
*************************************************************************** Tentative for 6/22/16 is to set the following dates/deadlines:
Discovery cutoff: October 31, 2016. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 15, 2016. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: January 18, 2017 at 1:30 p.m.
The parties are specifically advised to follow all applicable local and federal rules. The failure to do so may result in the issuance of monetary or non- monetary sanctions, including dismissal of the action or striking of the answer.
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Pro Se
1:30 PM
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta
Trustee(s):
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
Hrg. on Motion filed 2/28/17 by One Point Human Capital management LLC for Summary Judgment or, In the Alternative, for Summary Adjudication of Issues
(Cont. from 5/3/17) EH
Docket 14
Tentative for 5/10/17:
The Parties should be prepared to discuss the following initial observation of the Court:
The Special Verdict answers do not determine all of the requirements for application of issue preclusion with respect to §§523(a)(2)(A), 523(a)(4), and 523(a)(6). Some elements are simply missing, while others are vague and ambiguous. The Court cannot apply issue preclusion in this instance in order to grant the motion for summary judgment in its entirety.
Appearances required.
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
1:30 PM
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
1:30 PM
Adv#: 6:16-01195 United States Of America v. Hebert
STATUS CONFERENCE re Complaint by United States Of America against Clarinda Hebert; Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
(Cont. from 3/15/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Clarinda Hebert Represented By Keith Q Nguyen
Defendant(s):
Clarinda Hebert Pro Se
Plaintiff(s):
United States Of America Represented By Elan S Levey
Trustee(s):
Helen R. Frazer (TR) Pro Se
1:30 PM
Adv#: 6:16-01305 Brewer v. Brewer
STATUS CONFERENCE re: Complaint by Gregory Brewer against Dawn Brewer (523(a)(2), 548, 523(a)(6))
(Cont. from 3/8/17) EH
Docket 1
Tentative for 5/10/17:
This matter is CONTINUED to June 7, 2017 at 1:30 p.m. to coincide with the hearing on Defendant's motion to dismiss. The parties are advised that the Court will issue a scheduling order at the June 7, 2017 status conference; accordingly, a revised joint status report, with Defendant's participation, is due 14 days in advance.
Appearances are excused.
Debtor(s):
Dawn C Mathews Represented By Andrew S Mansfield
Defendant(s):
Dawn Brewer Pro Se
Plaintiff(s):
Gregory Brewer Represented By Matthew Malczynski
1:30 PM
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:17-01026 Hitchman et al v. Dupree-Yeager
STATUS CONFERENCE re: Complaint by Bruce Hitchman, LeeAnn Hitchman against Tashauna Lynn Dupree-Yeager - 523(a)(4)
EH
Docket 1
Tentative for 5/10/17:
The Court has received and reviewed the status report filed 4/26/17 [Dk. 11] and will CONTINUE this matter to September 13, 2017 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than June 30, 2017 and either self-calendar the matter for a hearing or utilize the local rules for motions without hearings. The failure to meet these deadlines may result in the imposition of monetary or non- monetary sanctions.
Appearances are excused at the 5/10/17 hearing. Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Tashauna Lynn Dupree-Yeager Represented By Gary S Saunders
Defendant(s):
Tashauna Lynn Dupree-Yeager Pro Se
Plaintiff(s):
LeeAnn Hitchman Represented By Arnold H Wuhrman
1:30 PM
Bruce Hitchman Represented By Arnold H Wuhrman
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Motion For Issuance Of An Order To Show Cause To Non-Party Witness, Paul Crouch Jr. Pursuant To LBR 9020-1 And Federal Rules Of Civil Procedure 45 And For Monetary Sanctions
(Motin filed 4/11/17) (OST Entered 4/12/17) FR: 4-19-17; 5-10-17 at 10:00 a.m.
Docket 85
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
10:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Plaintiffs' Motion To Compel Compliance With Docket 66 RE: Email Production
(Motion filed 4/10/17) (OST Entered 4-12-17) FR: 4-19-17
Docket 82
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
10:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Final And Fee Application For Compensation And Reimbursement Of Expenses For The Period From June 17, 2013 Through The Present. (Application filed 3/29/17)
[RE: THOMAS A. SEAMAN - Asset Manager For The Chapter 7 Trustee] [Fees: $35,385.50; Expenses: $0.00]
Docket 481
Tentative for 5/10/17 is to APPROVE on an interim basis only.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Hearing RE: First And Final Application For Allowance Of Fees And Reimbursement Of Costs For The Period From June 9, 2013 Through And Including March 17, 2017
(Application filed 4/19/17)
[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [Fees: $83,256.50; Expenses: $9,321.47]
Docket 483
Tentative for 5/10/17 is to APPROVE payment of 70% of fees and 100% of costs on an interim basis only.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Hearing RE: First Interim Application For Allowance Of Fees And Reimbursement Of Costs For The Period From July 24, 2014 Through April 5, 2017
(Motion filed 4/20/17)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - General
Bankruptcy Counsel For Lynda T. Bui, Chapter 7 Trustee] [Fees: $14,853.50; Expenses: $8,164.01]
Docket 486
Tentative for 5/10/17 is to APPROVE on an interim basis only.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Adv#: 8:15-01304 Marshack v. Barclays Bank Delaware
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential, Fraudulent, And Unauthorized Post-Petition Transfers
[11 U.S.C. Sections 544, 548, 549, 550, 551; Cal. Civ. Code Sections 3439.04,
3439.05, et al.]
(Complaint filed 7/16/15) (PTC set at S/C held 12/17/15)
(PTC vacated and S/C set per Order Entered 2/15/17 - docket No. 45] FR: 10-8-15; 6-29-16; 8-31-16; 11-30-16; 2-28-17
Docket 1
- NONE LISTED -
Debtor(s):
Osseous Technologies of America Pro Se
Defendant(s):
Barclays Bank Delaware Represented By Thuy N Tran
Plaintiff(s):
Richard A. Marshack Represented By Matthew Grimshaw Judith E Marshack
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
Matthew Grimshaw D Edward Hays David Wood Anthony Bisconti
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Plaintiffs' Motion To Compel Compliance With Docket 66 RE: Email Production
(Motion filed 4/10/17) (OST Entered 4-12-17) FR: 4-19-17; 5-10-17 at 10:00 a.m.
Docket 82
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Motion For Issuance Of An Order To Show Cause To Non-Party Witness, Paul Crouch Jr. Pursuant To LBR 9020-1 And Federal Rules Of Civil Procedure 45 And For Monetary Sanctions
(Motin filed 4/11/17) (OST Entered 4/12/17) FR: 4-19-17; 5-10-17
Docket 85
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
1:30 PM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D STATUS CONFERENCE Hearing RE: Plaintiff's Motion Combined With Joint Stipulation Pursuant To LBR 7026-1(c)(3)(A) For Orders Against Defendant:
Overruling Objections To Rule 34 Request To Produce Documents;
Compelling Production Of Documents;
Compelling Production Of Hard Drives For Imaging;
Compelling Production Of Passwords To WEB Based Email Accounts And Cooperation With Google And Yahoo;
Sanctions In The Sum Of $6,750.00 (Motion filed 11/21/16)
FR: 12-14-16; (Advanced from 5-17-17); 5-3-17
Docket 41
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
1:30 PM
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 6/13/16)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17
Docket 0
Tentative for 5/11/17:
None listed.
**************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
************************************************************************* Tentative for 3/09/17:
See tentative for calendar item number 18.10.
************************************************************************** Tentative for 2/16/17:
See tentative for calendar item number 3.
*************************************************************************** Tentative for 12/15/2016:
See tentative for calendar item number 20.
10:00 AM
**************************************************************************** Tentative for 8/4/16 is to DISMISS or CONVERT:
Pursuant to the Order issued 6/15/16 [Dk. 10] (the "Order"), Debtor was required to serve the Order within 48 hours of receipt on the 20 largest unsecured creditors, all secured creditors and the U.S. Trustee. The docket does not indicate that such service occurred.
Additionally, the Order requires Debtor to file and serve a status report 14 days prior to the status conference, which report is to be supported by evidence and supporting documents and include a line-item budget for the first 60 days of the bankruptcy. Debtor filed a late status report [Dk. 25] on 7/30/2016, five days before this hearing.
The Order specifically provides:
FAILURE OF THE DEBTOR TO APPEAR (THROUGH COUNSEL, IF THE DEBTOR IS REPRESENTED), TO FILE A STATUS REPORT, OR TO SERVE THIS NOTICE AS REQUIRED MAY RESULT IN THE APPOINTMENT OF A CHAPTER 11 TRUSTEE, DISMISSAL OF THE CASE, OR CONVERSION TO A CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE.
The Court would like to hear from the U.S. Trustee on whether dismissal or conversion is appropriate.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
10:00 AM
CONT'D Hearing RE: Debtor's Fifth Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
[Second Amended D.S. filed 1/20/17] (First Amended D.S. filed 12/23/16) (Set at hearing held 1/12/17)
(Third Amended D.S. filed 3/3/17) (Fourth Amended D.S. filed 4/3/17) (Fifth Amended D.S. filed 5/3/17)
FR: 12-15-16; 2-16-17; 3-9-17
Docket 112
Tentative for 5/11/17:
None listed.
*************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
*************************************************************************** Tentative for 3/09/17:
The Court has reviewed Debtor's Third Amended Disclosure Statement ("TADS") filed 3/3/17 [Dk. 90] and notes the following:
The TADS does not reference the $100,000 post-petition payment to Debtor's secured lender.
The TADS states that a stipulation with the lender was reached and
10:00 AM
that the stipulation is attached [Dk. 90, pg. 5:25-6:2]; no stipulation was attached. The stipulation was subsequently filed 3/6/17 [Dk. 94]. The stipulation provides, among other things, that Debtor will pay $7,182.97 per month for the principal and an additional $2,885.00 commencing 3/1/17 for 60 months for the arrearages [Dk. 94, ¶¶2, 4], for a total of $10,067.97 per month for 60 months. As discussed below, Debtor states that the Plan will be funded by Debtor's income and references Ex. B, which describes Debtor's income as $10,600 per month.
While the TADS states that the success of Debtor's plan is contingent on a loan modification with the lender [Dk. 90, pg. 5:24-25], it does not state what the lender's position is with respect to loan modification. Debtor was previously instructed by the Court to include this information.
The TADS is internally inconsistent with respect to the amount that will be paid to unsecured creditors: at page 14:20-21, it provides that payments will be made in 60 equal monthly installments of $500 each, whereas as page 23:8-10 it provides that Debtor will pay $1,500 per month for 60 months. Moreover, in light of the amount Debtor will pay secured lender under the stipulation ($10,067.97), Debtor does not have any funds to pay unsecured creditors.
The TADS does not address the feasibility issues previously raised. At the last hearing, the Court specifically cautioned that the failure to address feasibility would result in conversion of the case.
As with the prior iterations of the disclosure statement, the TADS states that it has income and expense projections, and references Exhibit B, but that exhibit does not contain any projections. Rather, Exhibit B is a declaration of post-petition expenses, with a one-line statement that the Debtor receives $10,600 in total monthly income. See, Exhibit B [Dk. 90-1, pg. 9]. Without more, this fails to provide adequate information concerning feasibility. Moreover, the figures in Exhibit B differ from the amounts in the MORs, which, as pointed out by U.S. Bank in their prior Opposition [Dk. 76, page 4, lines 13-15] reflect fluctuations in income between $6,000 and
$12,000. This issue was previously pointed out in the 1/12/17 tentative. The most recently filed MOR [Dk. 86, pg. 2] indicates receipts of only $84.80.
10:00 AM
Finally, the TADS does not provide an estimate of the outstanding fees owed to Debtor's counsel. While counsel states he has agreed to accept monthly payments [See, Dk. 90, pg. 11:21-28], without an estimated amount, the Court is further hindered in evaluating Debtor's future monthly obligations and ability to pay.
Appearances required.
***************************************************************************** Tentative for 2/16/17 is to DISMISS or CONVERT. The Court would like to hear from the parties on whether dismissal or conversion is appropriate.
The background of this case is set forth in the tentative from 1/12/17, below. At the 1/12/17 hearing, the Court ordered the Debtor to:
File a Second Amended Disclosure Statement and Plan, addressing the oppositions field by the Bank and the United States Trustee, by no later than January 20, 2017. Further, since Debtor's plan is contingent upon a successful loan modification, the Court specifically advised Debtor to include what the Bank's position is on whether Debtor has successfully submitted a modification proposal.
Debtor filed a Second Amended Disclosure Statement and Plan by January 20, 2017 [Dk. 78]. Debtor did not adequately address all concerns and/or follow all instructions by the Court. Moreover, the Bank subsequently filed a declaration on 2/9/17 [Dk. 82] stating that the loan modification was denied. Both the Bank [Dk. 81] and the United States Trustee [Dk. 83] filed objections to the Second Amended Disclosure Statement, which address the treatment of the Bank's claim and feasibility.
File and serve a Notice of Continued Hearing, advising all parties that oppositions were due by February 9, 2017 and replies by the Debtor were due by February 16, 2017 at 11:00 a.m. (counsel could bring it to Court). The Court is unable to locate on the docket a Notice of Continued Hearing advising all parties of these deadlines.
10:00 AM
File amended MORs by no later than February 10, 2017. The Court specifically warned that the failure to do so would result in the likely conversion of the case to chapter 7. The Debtor did not file amended MORs by February 10, 2017 (or, as of the date of the posting of this tentative).
Appearances required.
**************************************************************************** Tentative for 1/12/2017 is to DENY.
As background, the Court notes that it denied the first Disclosure Statement, and required the Debtor to file and serve a First Amended Disclosure Statement and Plan by no later than November 17, 2016. See Order [Dk. 49]. The Debtor failed to file an amended disclosure statement by that time, and the Court issued an OSC re: dismissal. See OSC [Dk. 62]. The Court then entered a scheduling order [Dk. 68], extending the time for the Debtor to file an amended disclosure statement to December 21, 2016. The Debtor met this December 21, 2016 deadline, and today is the hearing. See Amended Disclosure Statement [Dk. 73]. Confusingly, the Debtor then filed another Amended Disclosure Statement on December 23, 2016. See [Dk. 75]. It is unclear whether these two documents are identical or not; however, the Court will assume the most recently-filed document is operative. A status conference in this case is currently set for 2/16/2017 at 11:00 a.m.
The Amended Disclosure Statement [Dk. 75] lacks adequate information:
The treatment and claim amounts listed in Class 2 for Select Portfolio Servicing ("SPS") as referenced in the Amended Disclosure Statement differ from the amounts as listed in the Plan. Compare [Dk. 75, page 13] with [Dk. 75-2, page 3]. This is confusing, and fails to apprise SPS of the treatment the Debtor is proposing.
The Amended Disclosure Statement states that it has income and expense projections, and references Exhibit B, but that exhibit does not contain any projections. Rather, Exhibit B is a declaration of post- petition expenses, with a one-line statement that the Debtor receives
$10,600 in total monthly income. See Exhibit B [Dk. 75-1, page 9].
10:00 AM
Without more, this fails to provide adequate information concerning
feasibility. Moreover, the figures in Exhibit B differ from the amounts in the MORs, which, as pointed out by U.S. Bank in their Opposition [Dk. 76, page 4, lines 13-15] reflect fluctuations in income between $6,000 and $12,000.
The liquidation analysis must be updated to reflect the value of assets, reduced by liabilities or exemptions. Instead, it simply lists a $0 value for exempt assets. This is insufficient for a liquidation analysis.
The Debtor failed to disclose funds on hand as of the effective date of confirmation.
Finally, the Court notes that no judge’s copies were provided by the Debtor of the Amended Disclosure Statement.
Physical appearances by Debtor's counsel and the Debtor are required.
*************************************************************************** Tentative for 12/15/2016:
Debtor's counsel filed a declaration [Dk. 66] on 12/10/2016 stating that he thought the chapter 11 case status conference was continued to 1/12/2017, but he failed to notice an amended order [Dk. 50] advancing the chapter 11 case status conference to 12/15/2016. The declaration does not, however, explain why debtor's counsel failed to file an amended plan and disclosure statement by 11/17/2016, as required by the Court's order [Dk. 49] entered on 10/12/2016.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Jack Emberton; Joyce L. Emberton, Trustees Of The Emberton Family Trust Of 2003 vs. DEBTOR
(Motion filed 4/19/17)
[RE: 1910 W. Palmyra Street, #122, Orange, CA 92868]
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
The request for annulment is granted. Movant has provided evidence that its action in conducting a trial on the same day Debtor's bankruptcy case was filed was taken without knowledge of the automatic stay, as Debtor did not appear at the trial or advise the state court of her bankruptcy filing. Further, Debtor has not provided any evidence that annulment is not warranted.
Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr. LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Tracey F. Duffy Represented By
10:00 AM
Trustee(s):
James D. Hornbuckle
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16
Docket 1
Tentative for 5/11/2017:
The Court has received and reviewed the status report filed on 4/27/17 [Dk. 962]. This matter is CONTINUED to 11/16/17 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 6/23/2016:
None listed.
***************************************************************************** Tentative for 2/11/2016:
The Court has received and reviewed the status report filed on 1/28/16 [Dk. 957]. The status conference is CONTINUED to 6/23/2016 at 11:00 a.m. A status report is due 14 days in advance. The Liquidation Trustee is to include an estimation as to completion date of all outstanding issues in the next report.
Appearances are excused.
*****************************************************************************
11:00 AM
Tentative for 8/20/2015:
The Court has received and reviewed the status report filed on 8/6/2015 [Dk. 955]. The status conference is CONTINUED to 2/11/2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/19/15:
The Court has received and reviewed the status report filed on 3/5/15 [Dk. 952]. The status conference is CONTINUED to 8/20/15 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 10/30/14:
The Court has received and reviewed the status report filed on 10/16/14 [Dk. 949]. The status conference is CONTINUED to 3/19/15 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 4/17/14:
The Court has received and reviewed the status report filed on 4/3/14 [Dk. 943]. The status conference is CONTINUED to October 30, 2014 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
*******************************************************************************
11:00 AM
Tentative for 11/14/13:
The Court has received and reviewed the status report filed on 10/28/13 [Dk. 940]. The status conference is continued to April 17, 2014 at 11:00 a.m. with a status report due 14 days in advance.
Appearances excused.
****************************************************************************** Tentative for 5/23/13:
The Court has received and reviewed the status report filed on 5/9/13 [Dk. 931]. The status conference is continued to November 14, 2013 at 11:00
a.m. with a status report due 14 days in advance.
Appearances excused.
****************************************************************************** Tentative for 11/15/12:
None listed.
****************************************************************************** Tentative for 9/20/12:
None listed.
****************************************************************************** Tentative for 7/19/12:
The Court has received and reviewed the status report filed on 7/5/12 [Dk. 552]. The status conference is continued to September 20, 2012 at 10:00
a.m. with a status report due 14 days in advance.
Appearances excused.
*******************************************************************************
11:00 AM
Tentative for 5/10/12:
Set a continued status conference for July 19, 2012 at 10:00 a.m. with a status report due 14 days in advance.
******************************************************************************** Tentative for 2/16/12:
Set continued status conference for May 10, 2012, at 10:00 a.m. with a status report due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 2/1/12:
Set continued status conference date of May 17, 2012 at 10:00 a.m. with a status report due 14 days in advance. Debtors may use this hearing date for a hearing regarding the adequacy of their disclosure statement, provided the disclosure statement is timely filed.
******************************************************************************* Tentative from 12/8/11:
Hearing is vacated and matter is continued to 2/16/12 at 10:00 a.m. on the Court's motion. Debtor is to lodge an order within seven (7) days setting the dates set forth below.
************************************************************* Tentative for 12/8/11 is as follows:
Set bar date of 2/17/12, with notice to be mailed by 12/16/11.
Set continued status conference date of 2/16/12 at 10:00 a.m., with a status report due 14 days in advance.
Debtor's counsel to lodge an order within seven (7) days.
11:00 AM
Appearances are excused.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 2/13/15) (Plan Confirmed on 7/8/16)
(Set per Order Entered 7/8/16)
FR: 7-23-15; 1-7-16; 3-3-16; 3-31-16; 6-23-16; 11-16-16; 11-17-16; 11-30-16;
12-1-16
Docket 0
Tentative for 5/11/17:
The Court has received and reviewed the status report filed on 4/27/17 [Dk. 1564]. This matter is CONTINUED to 12/14/17 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONTINUED Hearing RE: Debtor's Omnibus Motion For Order Disallowing Certain Claims Filed Against The Debtor's Estate
(Motion filed 4/7/16)
[SET NO. ONE (1)]
Claim No. 68 Seasons at Vacaville Investors, LLC $448,522.20 FR: 7-21-16; 10-13-16; 12-15-16; 1-19-17; 3-16-17
Docket 646
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONT'D Hearing RE: Debtor's Omnibus Motion For Order Disallowing Certain Claims Filed Against The Debtor's Estate
(Motion filed 4/7/16)
[SET NO. ONE (1)]
Claim No. 70 Ohio Commerce Center $1,059,848.11 TIC Owners, 1-13 and 15-28)
FR: 7-21-16; 10-13-16; 12-15-16; 1-19-17; 3-16-17
Docket 646
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
Hearing RE: Motion For Reconsideration Of Order Disallowing Claims: (Motion filed 4/19/17)
Claim No. 239-1 Earthlink Business fdba Deltacom
$191,460.82
Claim No. 246-1 Earthlink Business fdba Deltacom
$72,411.36
Docket 1554
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 6/23/15)
FR: 8-20-15; 2-11-16; 3-3-16; 7-21-16; 11-17-16; 12-1-16
Docket 1
Tentative for 5/11/2017:
The Court has received and reviewed the status report [Dk. 609] and will CONTINUE the status conference to 7/13/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 12/1/2016:
The Court has received and reviewed the status report [Dk. 590] and will CONTINUE the status conference to 5/11/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************************
***
Tentative for 7/21/2016:
This matter is CONTINUED to November 17, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
11:00 AM
***************************************************************************** Tentative for 3/3/2016:
None listed.
Debtor(s):
Local Corporation, a Delaware Represented By Marc J Winthrop
Garrick A Hollander Peter W Lianides Andrew B Levin Amelia Puertas-Samara
11:00 AM
Hearing RE: Motion Of Paul Chieu Nguyen For Order: (1) Authorizing Sale Of Real Property Commonly Known As 10632 A & B Trask Avenue, Garden Grove, California 92843, Free And Clear Of Liens, Claims, And Interests; (2) Approving Proposed Overbid Procedures; (3) Determining That Buyer Is Good Faith Purchaser; (4) Authorizing Payment Of Costs Of Sale And Brokers' Commission From Escrow; And (5) Waiving The Fourteen Day Stay Prescribed By Rule 6004
Of The Federal Rules Of Bankruptcy Procedure (Motion filed 4/20/17)
Docket 168
Tentative for 5/11/17 is to APPROVE. Movant is to conduct an auction.
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D Hearing RE: Debtors' Disclosure Statement In Support Of Debtors' Joint Chapter 11 Plan Of Reorganization.
(Motion filed 12/9/16) (D.S. filed 4/6/17) FR: 1-19-17; 2-2-17; 2-16-17; 3-9-17
Docket 210
Tentative for 5/11/17:
All objections to this amended Disclosure Statement appear to have been resolved and/ or that it is a consensual plan. The Court is inclined to approve the Disclosure Statement. The Court observes that a confirmation hearing has already been set for 6/19/17 at 10:00 a.m. The Parties should appear and be prepared to discuss scheduling related to plan confirmation (i.e. voting, ballot return, etc.).
***************************************************************************** Tentative for 3/20/17:
This matter is VACATED and CONTINUED to 5/11/17 at 11:00 a.m. Appearances excused.
**************************************************************************** Tentative for 1/19/2017:
None listed.
Debtor(s):
Michael Edward Favreau Represented By
11:00 AM
Robert P Goe
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/7/16)
[Jointly Administered with:]
[Case No. 8:16-bk-12879-SC, Favreau's Custom Woodworking]
FR: 9-1-16; 11-17-16; 12-1-16; 1-19-17; 2-2-17; 2-16-17; 3-9-17
Docket 0
Tentative for 5/11/17:
The Court has reviewed the status report filed on 4/26/17 [Dk. 224]. This matter is CONTINUED to 6/19/17 at 10:00 a.m.
**************************************************************************** Tentative for 12/1/2016:
The Court has reviewed the status report filed on 11/17/16 [Dk. 138], and will CONTINUE the status conference hearing to 1/19/17 at 11:00 a.m. to coincide with the hearing on the Debtor's Disclosure Statement.
Appearances excused.
**************************************************************************** Tentative for 9/1/16 is to set the following dates/deadlines, which are equally applicable to the jointly administered case of Favreau's Custom Woodworking, Inc., Case No. 8:16-bk-12879-SC:
Deadline to file proofs of claims: October 30, 2016, with the notice to be served by no later than September 8, 2016.
Deadline to file a plan or disclosure statement: November 1, 2016.
11:00 AM
A continued status conference: November 17, 2016 at 11:00 a.m. A status report is due 14 days in advance.
The failure to timely comply with any of the above dates/deadlines may result in the imposition of monetary or non-monetary sanctions, including dismissal or conversion of the case.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/1416) FR: 2-2-17
Docket 0
Tentative for 5/11/17:
The Court will CONTINUE the status conference to coincide with the continued hearing on the Disclosure Statement, presently proposed to be July 13, 2017 at 11:00 a.m.
**************************************************************************** Tentative for 2/2/17 is to set the following dates/deadlines:
March 30, 2017 - deadline to file plan and disclosure statement (as requested by Debtors in their 1/23/17 Status Report [Dk. 32]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.
The Court notes that a bar date of March 20, 2017 has already been established. June 30, 2017 will be the deadline to object to claims.
A continued status conference will be held on May 11, 2017 at 11:00
a.m. A status report is due 14 days in advance.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Hearing RE: Motion For Order Approving Disclosure Statement As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(a)(1)(b) (D.S. Filed 3/29/17)
Docket 68
Tentative for 5/11/17:
It is obvious to the Court that the plan cannot be confirmed if the Claim filed by the Internal Revenue Service ("IRS") as Claim No. 23 ("IRS Claim") is not resolved and reduced to the levels set forth in the Disclosure Statement.
The IRS Claim asserts a priority claim in the amount of $478,852.36, included in the overall claim of $566,574.96.
The Debtors’ Disclosure Statement incorrectly states that the IRS only has a
§ 507(a)(8)(B) priority claim of $20,000. The Court has reviewed the Docket and has determined that there has been no voluntary reduction of the IRS priority claim or a claim objection filed. The Court notes the following statement included in the Status Report filed 4/25/17 [Dk. 87]:
The Debtors are nearly certain that the IRS claim will be resolved shortly. The claim involves tax years that are being audited, and the Debtors have already completed a nearly identical audit on the exact same issues. They expect that the new audit will result in the same outcome as the other, with a tax liability of no more than $20,000.
[Dk. 87, pg. 6:19-22].
11:00 AM
However, the Status Report is silent as to when the audit will be completed. Accordingly, the Court is inclined to CONTINUE the hearing on the Disclosure Statement until July 13, 2017, at 11:00 a.m. to allow Debtor to obtain a voluntary reduction in the IRS Claim. Debtor is directed, on or before June 1, 2017, to either (1) file a legitimate and extensive objection to the IRS Claim and schedule a hearing thereon; or (2) obtain a stipulation (or amended proof of claim) reducing the IRS Claim.
Appearances required.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Motion for relief from stay [Real Property]
Axis CP I, LLC vs. DEBTORS
(Motion filed 4/17/17)
[RE: 7537 E. Twinleaf Trail, Orange, CA 92869]
Docket 81
Tentative for 5/11/17 is to DENY:
Before the Court is the Motion for Relief from the Automatic Stay filed on 4/17/17 [Dk. 81] ("Motion") by Creditor Axis CP I, LLC ("Movant"). Pre- petition, Movant sought to foreclose its lien on the real property at issue in this Motion, 7537 Twinleaf Trail, Orange, CA 92869 ("Property"). Debtors filed a petition for relief under Chapter 11 of Title 11 of the United States Code ("Petition") on December 14, 2016 ("Petition Date"), on the eve of the scheduled foreclosure sale. One day prior to the Petition Date, on December 13, 2016, the Superior Court of California, County of Orange ("State Court") entered a Minute Order granting a preliminary injunction in favor of the Debtors enjoining foreclosure on the Property contingent upon the posting of a $20,000 undertaking in favor of the plaintiffs, including the Movant. In granting the preliminary injunction, the State Court expressly determined that Debtors had met their burden to show a likelihood of prevailing on the merits, and that the balance of harm weights "overwhelmingly" in their favor. See Minute Order, Ex. 14, Opposition [Dk. 89]. It appears that Debtors did not pay the undertaking and instead sought bankruptcy relief under Chapter 11.
The Court’s tentative is to DENY the Motion for the following reasons:
Improper service. LBR 4001-1(c)(1)(B) requires that a motion for relief from stay be served on all senior lienholders; FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served "to the
11:00 AM
attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process." The movant did not serve the senior lienholders to the attention of an officer, managing or general agent or to any other authorized agent. Therefore, service is improper and the Motion is denied without prejudice.
It appears that Movant has failed to carry its required burden. Under § 362(g), Movant has the burden of establishing lack of equity and the Debtor has the burden of proving that either equity exists in the property, Movant is adequately protected, or that the property is necessary for an effective reorganization of the Debtors' estate. Case law has clarified that under either
§ 362(d)(1) or (2), Movant must "establish the validity and perfection of its security interest and the amount of the debt and other allowable costs secured by its secured claim." In re Dahlquist, 34 B.R. 476, 481 (Bankr.
D.S.D. 1983).
§ 362(d)(1)
The Movant asserts that there is no equity in the property, as the property is allegedly undersecured by millions of dollars. Debtors assert that Movant's lien will not survive future lien challenges within the bankruptcy case, and equity will be demonstrated to exist. Further, Debtors assert that Movant has not demonstrated that the property is declining in value.
Debtors correctly point to the Supreme Court Case of United Savings Association of Texas v. Timbers of Inwood Forest Associates, Ltd., 484 U.S. 365 (1988), for discussion of the meaning of adequate protection - that Movant is to be protected from a depreciation of value during the pendency of the stay. Movant, however, other than checking the box on the preprinted form, does not provide any evidence that its interest is declining. With respect to relief based on § 362(d)(1) for "cause," the party seeking relief must first establish that cause exists for relief under § 362(d)(1). United States of America v. Gould (In re Gould), 401 B.R. 415, 426 (9th Cir. BAP 2009), citing Duvar Apt., Inc. v. FDIC (In re Duvar Apt., Inc.), 205 B.R. 196, 200 (9th Cir.
11:00 AM
BAP 1996). Once a prima facie case has been established, the burden shifts to the debtor to show that relief from the stay is not warranted. Id.
Movant has not met its initial burden. Nonetheless, Debtors have asserted that they will make adequate protection payments of $381.00 per month, which is based on 1% of their assertion of Movant's disputed, but possible, secured claim in the amount of $457,000 paid annually in 12 monthly payments. The $457,000 amount is derived by subtracting the first and second mortgages of approximately $21,900 and $237,540 and a $27,000 judgment lien from the asserted home value of $744,000.
§ 362(d)(2)
The remaining question is whether the Debtor can prove that the property is necessary for an effective reorganization of the Debtor’s estate. The test for determining whether the property is necessary for an effective reorganization of the Debtors' estate turns on whether the Debtors can establish that "the property is essential for an effective reorganization that is in prospect." Timbers, 484 U.S. at 375-76 (original emphasis).
The Property is Necessary
The property is "necessary" to Debtors' reorganization efforts as proposed by the filed Plan. Debtor Charles Flowers Harrison argues that Debtors will suffer irreparable injury if the foreclosure proceeds, that he cannot afford to purchase a similar home in Orange County and that it is essential to his current reorganization efforts. See, Dk. 89, pg.37 of 108, ¶36-37. Debtors sought Chapter 11 protection to halt the foreclosure, and preserving the house is one of the state purposes of Debtors' reorganization efforts. See, generally, In re Elmore, 94 BR 670, 677 (Bankr. C.D. Cal. 1988) (In a Chapter 13 context, Court noted that a "debtor's principal residence ... is virtually always necessary to an effective reorganization. The vast majority of Chapter 13 cases filed in this district are filed by debtors like Elmore who are trying to save their homes. If the home is not saved, the Chapter 13 reorganization is not effective."); accord, ¶362.0744][b], Collier on Bankruptcy [2016] ("In a chapter 11 reorganization case, most of the property of the debtor in
11:00 AM
possession is likely to be "necessary" for the debtor's business and ultimate reorganization").
Effective Reorganization
To establish that the property is necessary for an effective reorganization, Debtors must prove that there is a "reasonable possibility of a successful reorganization within a reasonable time." United Sav. Ass’n of Texas v.
Timbers of Inwood Forest Associates, Ltd., 484 U.S. 365, 376, 108 S. Ct.
626, 633, 98 L. Ed. 2d 740 (1988). This burden increases as time passes. See Sun Valley Newspapers v. Sun World Corp. (In re Sun Valley Newspapers), 171 B.R. 71 (B.A.P. 9th Cir. 1994). See also In re A Partners, LLC, 344 B.R. 114, 126 (Bankr. E.D. Cal. 2006) ("The debtor’s burden to make this showing increases as the exclusivity period expires.").
The Debtors have filed a proposed plan and disclosure statement. Having reviewed the proposed plan, disclosure statement, and the entire record herein (including all objections filed thereto), it appears that the Debtors have "a reasonable possibility of a successful reorganization within a reasonable time." See United Sav. Ass'n of Texas v. Timbers of Inwood Forest Assocs., Ltd., 484 U.S. 365, 376 (1988). As such, relief from stay is not appropriate. Id. However, Debtors are to make the proposed adequate protection payments of $381.00 per month, first payment [for May] due by May 15, 2017. All future payments shall be made by the 5th day of each month.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
11:00 AM
Hearing RE: First Interim Application For Allowance Of Professional Fees And Costs For The Period From December 14, 2016 Through And Including April 18, 2017.
(Application filed 4/18/17)
[RE: M. JONES AND ASSOCIATES, PC - Attorney For Debtors] [Fees: $30,937.50; Expenses: $2,274.19]
Docket 84
Tentative for 5/11/17 is to APPROVE as requested.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
1:30 PM
Adv#: 8:16-01157 Local Corporation v. SpaceJet Media, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Preferential Transfers Of Property And For Disallowance Of Claims (Complaint filed 6/15/16)
(PTC set at S/C held 12/1/16)
FR: 9-1-16; 10-13-16; 11-17-16; 12-1-16
Docket 1
- NONE LISTED -
Debtor(s):
Local Corporation, a Delaware Represented By Marc J Winthrop
Garrick A Hollander Peter W Lianides Andrew B Levin Amelia Puertas-Samara
Defendant(s):
SpaceJet Media, LLC Represented By Richard H Golubow Michael B Reynolds
Plaintiff(s):
Local Corporation Represented By Richard H Golubow
1:30 PM
Hrg. on Post Confirmation Status Conference
EH
(Cont. from 12/13/16)
Docket 0
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
1:30 PM
Adv#: 6:15-01326 Frazer v. Dorati et al
PRE-TRIAL CONFERENCE re Complaint by Helen R. Frazer against Austin Dorati, Brooke Dorati. (Charge To Estate). for: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 2) Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code
§§3439.04, 3439.05, 3439.07]; 3) Avoidance of Preferential Transfers and
Recovery of Same [11 U.S.C. §§ 547, 550]; 4) Disallowance of Claims [11
U.S.C. §502(d)]; 5) Unjust Enrichment [11 U.S.C. §105]; 6) Declaratory Relief [11 U.S.C. § § 547, 548, FRBP 7001(9)]; and 7) Turnover [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))
(Cont. from 3/8/17) EH
Docket 1
Debtor(s):
Gustavo Daniel Dorati Represented By Christopher C Barsness
Defendant(s):
Austin Dorati Pro Se
Brooke Dorati Pro Se
Plaintiff(s):
Helen R. Frazer Represented By
1:30 PM
Trustee(s):
Elyza P Eshaghi
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
10:00 AM
Adv#: 8:15-01421 Marshack v. Sunwize Technologies, Inc. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 10/19/16)
[The following defendants, Sunwize LLC; Sunwize Home LLC; Sunwize Power & Battery, LLC; and Islandwide Solar, LLC were dismissed with prejudice per Order Entered 1-4-16 - Docket No. 11]
FR: 3-9-16; 3-15-16; 8-17-16; 10-19-16
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Sunwize Technologies, Inc. Pro Se
MCA Financial Group, Ltd. by and Represented By
Jeffrey L Sklar
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
STATUS CONFERENCE Hearing RE: Plaintiff's Motion Combined With Joint Stipulation Pursuant To LBR 7026-1(c)(3)(A) For Orders Against Defendant:
Overruling Objections To Rule 34 Request To Produce Documents;
Compelling Production Of Documents;
Compelling Production Of Hard Drives For Imaging;
Compelling Production Of Passwords To WEB Based Email Accounts And Cooperation With Google And Yahoo;
Sanctions In The Sum Of $6,750.00 (Motion filed 11/21/16)
FR: 12-14-16
Docket 41
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson
10:00 AM
Trustee(s):
Douglas L Mahaffey
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01178 Weidenhammer v. Cunningham
PRE-TRIAL CONFERENCE Hearing RE: Complaint For Violations Of Automatic Stay (11 U.S.C. Section 362)
(Complaint Filed 7/21/2016) (PTC set at S/C held 10/19/16)
Docket 1
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
David Cunningham Pro Se
Plaintiff(s):
Scott James Weidenhammer Represented By Michael A Wallin
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Emergency Motion For Order Authorizing, For An Interim Period, The Following: (1) Continued Use Of Pre-Petition Bank Accounts; (2) Continued Use Of Custodians; And (3) Continued Foreclosures Under Deeds Of Trust And Sales Of REOs In The Ordinary Course Of Business
(Motion filed 5/23/17)
Docket 13
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
10:00 AM
Law Offices of Glen H Wechsler -movant attorney Motion for Relief from Stay
Newport Beach Holdings LLC vs. DEBTOR (Motion filed 5/16/17)
re: 7543 W. Liberty Parkway, Unit 654, Fontana, CA 92336-5405 .
Docket 19
Tentative for 6/6/17:
Although service appears proper with respect to the Motion, the exhibits to the Motion were filed separately and without a proof of service. Thus, it is unclear what, if any, service was provided with respect to the exhibits. The Court notes that a duplicate copy of the Motion (which included exhibits) was filed as Dk. 20 ("Duplicate Motion") and withdrawn at Dk. 23. In light of the apparent lack of opposition to the Motion and the potential for confusion from the Duplicate Motion, the Court seeks to ensure service of the Motion was proper. Movant should file a supplemental proof of service regarding the exhibits. Pending the filing of this supplemental proof of service, the Court's tentative is as follows:
Grant the Motion pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2), with 4003 waiver.
It appears that the Debtor acquired his interest in the Property via grant deed, for no consideration, 14 days before a scheduled foreclosure sale. While the Court makes no comment on whether the petition itself was in bad faith, it appears based on the timing of the transfer, the originally scheduled foreclosure sale, and the filing of a petition without schedules, that the transfer of the property, in conjunction with the bankruptcy, was part of a
10:00 AM
scheme to hinder, delay, or defraud creditors. Accordingly, the Court's tentative is to grant the in rem relief requested under § 362(d)(4).
Note: This matter appears to be uncontested. If the Movant files the required proof of service at least 24 hours prior to the hearing date, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jesse Andrew Martinez Pro Se
Movant(s):
c/o Glenn H.Wechsler Newport Represented By Glenn H Wechsler
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Robertson, Anschut & Schneid P.L.- movant attorney Motion for relief from stay
Wells Fargo Bank N.A. vs DEBTOR (Motion filed 4/20/17)
RE: 44950 Dos Rios Road, Temecula, California 92590 EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Joann B Silvey Represented By Kevin M Cortright
Movant(s):
Wells Fargo Bank, National Represented By Sean C Ferry
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan-Infinity LT vs. DEBTOR (Motion filed 5/10/17)
Re: 2014 INFINITI Q60, VIN # JN1CV6EK1EM110425
EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Teri Ann Rogers Represented By Paul Y Lee
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
AmeriCredit Financial Services, Inc. DEBTORS, Charles W. Daff, trustee (Motion filed 4/20/17)
Re: 2015 CHEVROLET CAMARO, VIN 2G1FD1E38F9307026
EH
Docket 10
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.
The request for annulment is granted. Movant has provided evidence that its action in gaining possession of the property on the day of the filing was taken without knowledge of the automatic stay, as it learned of the filing days later. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr. LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Joey J. Negrette Represented By Michael Smith
Joint Debtor(s):
Desiree M. Negrette Represented By Michael Smith
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Mandy D Youngblood Sheryl K Ith
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Melissa Raskey - movant attorney Motion for Relief from Stay
Michael McConnell vs. DEBTOR (Motion filed 4/26/17)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 20
Tentative for 6/6/17:
Before the Court is the Motion for Relief from the Automatic Stay ("Motion") filed by creditor and non-filing spouse Michael McConnell ("Mr. McConnell") on 4/26/17 [Dk. 20], seeking relief from stay to proceed on a limited basis in the marital dissolution proceeding, McConnell v. McConnell, Case No. HED 1400380 ("Family Court Case"), currently pending in the Superior Court for the County of Orange ("Family Court"). On 5/15/17, the Debtor filed an Opposition [Dk. 32]. On 5/18/17, the Trustee filed a non-opposition [Dk. 33] consenting to the relief from stay with the limitations set forth in the Motion.
The tentative is to GRANT the Motion; however, the Court wants to hear from the Debtor regarding what claims or issues arising from the Family Court Case could be considered dischargeable and how those matters could be resolved.
Appearances required.
10:00 AM
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Movant(s):
Michael McConnell Represented By Melissa A Raskey
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
10:00 AM
Alpert, Barr & Grant, APLC -movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTORS (Motion filed 4/17/17)
re: 2014 Ford Focus
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter is uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Joshua Christopher Acosta Represented By Steven L Bryson
Joint Debtor(s):
Adriana Marie Acosta Represented By Steven L Bryson
10:00 AM
Movant(s):
Kinecta Federal Credit Union Represented By Mark S Blackman
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Alpert, Barr & Grant, APLC - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs DEBTORS (Motion filed 4/17/17)
re: 2014 Jeep Patriot Sport Utility EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter is uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Joshua Christopher Acosta Represented By Steven L Bryson
Joint Debtor(s):
Adriana Marie Acosta Represented By Steven L Bryson
10:00 AM
Movant(s):
Kinecta Federal Credit Union Represented By Mark S Blackman
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTORS, Lynda T. Bui Chapter 7 Trustee (Motion filed 4/21/17)
RE: 2014 Honda Accord, V.I.N.: 1HGC R2F3 7EA2 44909
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Roy Carlos Represented By
Brian J Soo-Hoo
Joint Debtor(s):
Melissa Carlos Represented By Brian J Soo-Hoo
10:00 AM
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
H.G. Long, Esq. - movant attorney Motion for Relief from Stay
Eliseo Cortez vs. DEBTOR (Motion filed 5/11/17)
Re: 14782 Aloe Road, Victorville, CA EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Beatriz Gonzales Pro Se
Movant(s):
Eliseo Cortez Represented By
Helen G Long
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Barry Lee O'Connor Esq.-movant attorney Motion for Relief from Stay
Donald J & Aida Irwin vs. DEBTOR (Motion filed 5/10/17)
RE: 9890 Santa Cruz Rd, Desert Hot Springs, CA 92240 EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
KimHuat Khoo Pro Se
Movant(s):
Donald J Irwin, Aida Irwin Represented By Barry L O'Connor
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Ping Xiao - movant attorney Motion for Relief from Stay
Ping Xiao vs. DEBTOR (Motion filed 5/11/17)
Re: 9208 Citrus Avenue, Unit F, Fontana, CA 92335 EH
Docket 7
- NONE LISTED -
Debtor(s):
James Ricks Pro Se
Movant(s):
Ping Hong Xiao Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion filed 4/24/17 for Objection to Claim No. 4 by Ka Kiertoukaysy Lor
EH
Docket 141
Tentative for 6/06/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Movant(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Trustee's Motion filed 4/24/17 for Objection to Claim No. 10 by Juxtaposition Home
EH
Docket 142
Tentative for 6/06/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Movant(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Objection filed by Chapter 7 Trustee to Objection to Claim No. 15 by Pomona Valley Harley-Davidson
EH
Docket 143
Tentative for 6/06/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Movant(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Chapter 7 Trustee Motion filed 4/25/17 Objection to Claim number 16 by Claimant California Pools, Inc.
EH
Docket 147
Tentative for 6/06/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Movant(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Chapter 7 Trustee Motion filed 4/25/17 Objection to Claim Number 22 by Claimant Jeffrey Miner
EH
Docket 148
Tentative for 6/06/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Movant(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg on approval of Chapter 7 trustee Final Report and Application for Compensation
EH
Docket 66
Tentative for 6/06/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Victoria Parker Represented By James T Lillard
Movant(s):
Reid & Hellyer APC Represented By Scott Talkov
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak Scott Talkov
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 5/8/17 to Approve Compromise Under Rule 9019 Between the Bankruptcy Estate on the One Hand, and the Debtor, Austin Dorati, Brooke Dorati, Security Investment Group, Inc., and LBS Financial Credit Union on the Other Hand, (2) Authorizing Interim Disbursement to the Only General Unsecured Creditor of the Estate Pursuant to the Settlement, and
Granting Related Relief EH
Docket 134
Tentative for 6/06/17 is to APPROVE:
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gustavo Daniel Dorati Represented By Caroline S Kim
Movant(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Elyza P Eshaghi Lynda T Bui
11:00 AM
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Elyza P Eshaghi Lynda T Bui
11:00 AM
Hrg. on approval of Chapter 7 Trustee's Final Report and Applications for Compensation
EH
Docket 0
Tentative for 6/06/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Kenneth Edward Hartman Pro Se
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Hrg. on chapter 7 trustee's Application filed 4/18/17 to Employ Richard A. Halderman, Jr as broker
EH
Docket 49
- NONE LISTED -
Debtor(s):
Isabel Tenorio Pro Se
Movant(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 5/16/17 for Turnover of Property EH
Docket 54
- NONE LISTED -
Debtor(s):
Isabel Tenorio Pro Se
Movant(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
11:00 AM
Hrg. on Debtors' Amended Motion filed 5/1/17 to dismiss Co-Debtor Claudia Flores
EH
Docket 17
Tentative for 6/06/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Fernando Cortez Jr. Represented By Paul Y Lee
Joint Debtor(s):
Claudia Flores Represented By Paul Y Lee
Movant(s):
Claudia Flores Represented By Paul Y Lee Paul Y Lee Paul Y Lee
Fernando Cortez Jr. Represented By Paul Y Lee
11:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 5/5/17 for order approving compromise of controversy pursuant to Federal Rule of Bankruptcy Procedure 9019
EH
Docket 26
Tentative for 6/6/17:
The Court notes that although the Motion references an Agreement attached as Exhibit 1, no such Exhibit 1 is attached. Accordingly, this matter is CONTINUED to 6/27/17, at 11:00 a.m. Movant is to provide notice of the continued hearing and serve the Agreement as required by all applicable rules.
Appearances for the 6/6/17 hearing are excused.
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Movant(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:14-01304 Taylor v. Singh et al
STATUS CONFERENCE RE: Complaint by Carole Taylor against Rindi P Singh, Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 3/7/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Represented By
M Wayne Tucker
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
1:30 PM
Plaintiff(s):
Carole Taylor Represented By Elliott R Speiser
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Hrg. on Trustee's Application filed 4/11/17 for Appearance and Examination Re:
Enforcement of Judgment against Charles A. Tumbrello (Order setting hearing entered 4/26/17)
EH
Docket 148
NONE LISTED -
NONE LISTED -
Debtor(s):
Charles A Tumbrello Pro Se
Joint Debtor(s):
Monika C Tumbrello Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
1:30 PM
Hrg. on Trustee's Application filed 4/11/17 for Appearance and Examination Re:
Enforcement of Judgment against Monika C. Tumbrello (Order setting hearing entered 4/26/17)
EH
Docket 147
NONE LISTED -
NONE LISTED -
Debtor(s):
Charles A Tumbrello Pro Se
Joint Debtor(s):
Monika C Tumbrello Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
1:30 PM
Adv#: 6:14-01300 Bruner et al v. Singh
Status Conference re: Complaint by John Bruner, Irene Bruner against Pradeep Singh pursuant to §523(a)(2) and §523(a)(4)
(Cont. from 2/16/17) EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
John Bruner Pro Se
Irene Bruner Pro Se
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny))
(Cont. from 2/15/17) EH
Docket 1
NONE LISTED -
NONE LISTED -
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
Cheryl Cooper Pro Se
William Cooper Pro Se
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
1:30 PM
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
William Cooper Represented By Gregory W Brittain
Cheryl Cooper Represented By Gregory W Brittain
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01022 Bui v. Perez
Hrg. on Defendant's Motion filed 5/10/17 To Stay Pending Appeal EH
Docket 85
NONE LISTED -
NONE LISTED -
Debtor(s):
Isabel Tenorio Pro Se
Defendant(s):
Maria C. Perez Represented By Moises A Aviles
Plaintiff(s):
Lynda T. Bui Represented By
Elyza P Eshaghi Leonard M Shulman
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier
1:30 PM
Hrg. on Chapter 7 Trustee's Motion filed 5/16/17 for Turnover of Property EH
Docket 54
NONE LISTED -
NONE LISTED -
Debtor(s):
Isabel Tenorio Pro Se
Movant(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
1:30 PM
Hrg. on Chapter 7 Trustee's Application filed 4/18/17 to Employ Richard A.
Halderman, Jr as broker (Cont. from 6/6/17)
EH
Docket 49
NONE LISTED -
Tentative for 6/07/17 is to GRANT. The Applicant is qualified and disinterested. As pointed out by the Trustee in her Reply filed 5/16/17 [Dk. 52], the Opposition filed 5/2/17 [Dk. 51] by adversary defendant, Maria Perez, "fails to provide any legal authority or factual basis for why the Application should be denied. The Defendant does not argue that the Broker is not disinterested or that the Broker has an adverse interest to the Estate." This Court agrees. The Application is granted.
Debtor(s):
Isabel Tenorio Pro Se
Movant(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By
1:30 PM
Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
1:30 PM
Adv#: 6:16-01053 Financial Services Vehicle Trust v. Arias
PRE-TRIAL CONFERENCE re: Complaint by Financial Services Vehicle Trust against Dariel Escalante Arias., false pretenses, false representation, actual fraud))
(Cont. from 3/7/17) EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Dariel Escalante Arias Represented By
James D. Hornbuckle
Defendant(s):
Dariel Escalante Arias Pro Se
Plaintiff(s):
Financial Services Vehicle Trust Represented By
Timothy J Silverman
Trustee(s):
John P Pringle (TR) Pro Se
John P Pringle (TR) Pro Se
1:30 PM
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:17-01060 Hart DBA Ocean Auto Sales v. Lenocker
STATUS CONFERENCE Re: Complaint to determine dischargeability to debt pursuant to 11 U.S.C. § 523(a)(4) and §523 (a)(3)(B)
EH
Docket 1
- NONE LISTED -
Tentative for 6/7/17:
The Court has received and reviewed the Joint Status Report filed 5/24/17 [Dk. 6] in which the parties state that Defendant has agreed to stipulate to nondischargeability. The parties are to file an appropriate stipulation for the Court's review by no later than June 30, 2017, with an appropriate order and judgment. This matter is continued to August 16, 2017 at 1:30 p.m. as a holding date. A status report is due 14 days in advance.
Appearances are required for the 6/7/17 hearing.
Debtor(s):
Diana Marie Lenocker Represented By Daniel King
1:30 PM
Defendant(s):
Diana Marie Lenocker Pro Se
Plaintiff(s):
Wallace L. Hart DBA Ocean Auto Represented By
Fritz J Firman
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:16-01305 Brewer v. Brewer
STATUS CONFERENCE re: Complaint by Gregory Brewer against Dawn Brewer (523(a)(2), 548, 523(a)(6))
(Cont. from 5/10/17) EH
Docket 1
- NONE LISTED -
Tentative for 6/7/17 is to set the following dates/deadlines:
Discovery cutoff: October 30, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff date: November 30, 2017. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: December 13, 2017 at 1:30 p.m.
Note: These dates may be adjusted by stipulation, for cause shown. The parties are advised to follow, precisely, all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non- monetary sanctions, including the dismissal of the action or the striking of the answer.
Plaintiff is to lodge an order within seven (7) days.
****************************************************************************
1:30 PM
Tentative for 5/10/17:
This matter is CONTINUED to June 7, 2017 at 1:30 p.m. to coincide with the hearing on Defendant's motion to dismiss. The parties are advised that the Court will issue a scheduling order at the June 7, 2017 status conference; accordingly, a revised joint status report, with Defendant's participation, is due 14 days in advance.
Appearances are excused.
Debtor(s):
Dawn C Mathews Represented By Andrew S Mansfield
Defendant(s):
Dawn Brewer Pro Se
Plaintiff(s):
Gregory Brewer Represented By Matthew Malczynski
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:16-01305 Brewer v. Brewer
Hrg. on Defendant's Motion filed 4/18/17 to Dismiss Adversary Proceeding EH
Docket 11
- NONE LISTED -
The Court's Tentative for 6/7/17 is to GRANT the Motion to Dismiss, with leave to amend, for the reasons set forth below.
Before the Court is the Motion to Dismiss with Prejudice under Rule 12(b)(6) First Amended Complaint ("Complaint") for Determination of Dischargeability of Debt pursuant to 11 U.S.C. § 523(a)(2), filed by defendant Dawn Brewer ("Defendant") on 4/18/17 [Dk. 11] ("Motion to Dismiss"). The Motion to Dismiss asserts that Plaintiff failed to adequately plead misrepresentation. On 5/23/17, the Plaintiff filed an Opposition [Dk. 15], arguing that fraud, as defined within § 523(a)(2), encompasses more than just misrepresentation and includes "actual fraud." On 5/30/17, Defendant filed a Reply [Dk. 17].
To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 570 (2007). Plaintiff must provide "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In deciding whether the plaintiff has stated a claim upon which relief can be granted, the Court must assume that the plaintiff’s allegations are true and must draw all reasonable inferences in favor of the nonmoving party, but need not accept as true "conclusory statements, statements of law, or unwarranted inferences
1:30 PM
cast as factual allegations." Bell Atlantic Corp. Twombly, 550 US 544, 556- 557, 570 (2007); Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.
2004) (citing Karam v. City of Burbank, 352 F.3d 1188, 1192 (9th Cir. 2003)).
When pleading fraud under § 523(a)(2), the plaintiff must state "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9 (b). To satisfy Rule 9, Plaintiff must state with particularity the "time, place, and content of the alleged misrepresentation" and, "what is false or misleading about a statement and as to why the statement or omission complained of was false or misleading" Yourish v. Cal. Amplifier, 191 F.3d 983, 993 n. 10 (9th Cir.1999); Rubke v. Capitol Bancorp, Ltd., 551 F.3d 1156 (9th Cir.2009)). The complaint also must identify "the circumstances of the alleged fraud so that defendants can prepare an adequate answer." Cooper
v. Pickett, 137 F.3d 616, 627 (9th Cir. 1995) (citing Warshaw v. Xoma Corp., 74 F.3d 955, 959-60 (9th Cir. 1996)).
In this case, Plaintiff has failed to meet the standard by not stating with particularity the alleged fraud. Plaintiff’s allegations set forth in the Complaint include a series of general acts or representations preceded by the label of "wrongfully," and either do not identify a specific incident or representation or do not provide facts to explain why each alleged "wrongful" act or representation amounts to a fraudulent misrepresentation or actual fraud. The Complaint fails to sufficiently identify "the circumstances of the alleged fraud" to allow the Defendant to prepare an adequate answer.
The Court notes that the Complaint is Plaintiff’s second attempt to articulate a claim upon which relief may be granted; however, there is not sufficient evidence before the Court to merit denial of leave to amend in light of the statutory policy stated in FRCP 15(a)(2) (applicable in bankruptcy pursuant to FRBP 7015) to "freely give leave when justice so requires."
Accordingly, the Court’s tentative ruling is to GRANT the Motion to Dismiss
with leave to amend. Plaintiff may file a second amended complaint within 20
1:30 PM
days of the entry of this order. The timeliness of any amended complaint shall be governed by FRCP 15(c) and any other relevant law.
Appearances required.
Debtor(s):
Dawn C Mathews Represented By Andrew S Mansfield
Defendant(s):
Dawn Brewer Represented By Andrew S Mansfield
Plaintiff(s):
Gregory Brewer Represented By Matthew Malczynski
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion for Order Approving Compromise and Fixing Overbid Procedures
(Motion Filed 5/5/17)
Docket 247
- NONE LISTED -
Tentative for 6/7/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cingular Inc. Represented By
Stephen R Wade
W. Derek May Thomas J Polis
Trustee(s):
Karen S Naylor (TR) Represented By William M. Burd
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 4/18/17)
[RE: KAREN SUE NAYOR - Chapter 7 Trustee] [Fees: 25,250.00; Expenses: $1,069.58]
[RE: BURD & NAYLOR - Attorneys For Chapter 7 Trustee] [Fees" $8,955.00; Expenses: $283.90]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: 1,701.00; Expenses: 247.50]
Docket 71
- NONE LISTED -
Tentative for 6/7/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Mark Wendt Represented By
Thomas J Polis
11:00 AM
Joint Debtor(s):
Robin Wendt Represented By
Thomas J Polis
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor William M Burd
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2); (a)(4) And (a)(6)
FR: 12-14-16; (Advanced from 5-17-17); 5-3-17; 5-10-17
Docket 41
- NONE LISTED -
Tentative for 6/7/17:
The Court has received and reviewed the Joint Status Report filed on 5/24/17, as Dk. No. 123. This Status Conference will be CONTINUED to 6/14/17 at 11:00 a.m. to coincide with the hearing in this case scheduled at that time.
Appearances for 6/7/17 are excused.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson
11:00 AM
Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D Evidentiary Hearing RE: Motion For Disallowance Of Debtor's Claimed Homestead Exemption
(Motion filed 3/2/17)
(Evidentiary hearing set per Order Entered 5-1-17) FR: 4-5-17
Docket 21
- NONE LISTED -
Tentative for 6/7/17:
None listed.
**************************************************************************** Tentative for 5/03/17:
Chapter 7 Trustee objects to Debtor's assertion of a homestead exemption pursuant to §704.730 in a 2007 Four Winds Dutchman Motorhome ("Motorhome') asserting: (1) Debtor does not reside in the Motorhome; and
the Motorhome, as a recreational vehicle, is not eligible for the homestead exemption.
Debtor filed an untimely Opposition on 2/27/17 [Dk. 39], supported by his declaration, asserting that (1) he lived in the Motorhome as of the petition date, any absence was temporary, and he intends to permanently reside there; and, (2) that the Trustee has pointed out that this issue has not been addressed under California law.
Debtor, who bears the ultimate burden of proof, provided no legal authority in support of his opposition to the Trustee's position that the motorhome does
11:00 AM
not qualify for a homestead exemption. This Court was unable to locate any California decisional authority addressing this issue.The Court also notes the following:
California Code of Civil Procedure §704.710 defines the terms "dwelling" and "homestead" for purposes of the homestead exemptions, as set forth below, in pertinent part:
"Dwelling" means a place where a person resides and may include but is not limited to the following:
A house together with the outbuildings and the land upon which they are situated.
A mobilehome together with the outbuildings and the land upon which they are situated.
A boat or other waterborne vessel.
A condominium, as defined in Section 783 of the Civil Code.
....
(c) "Homestead" means the principal dwelling (1) in which the judgment debtor or the judgment debtor's spouse resided on the date the judgement creditor's lien attached to the dwelling, and (2) in which the judgment debtor the judgment debtor's spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead....
Debtor has submitted evidence that he resided in the Motorhome. The question, here, is whether the Motorhome qualifies as a dwelling. The Trustee argues that it does not fit within the definition of "a mobilehome, together with the outbuildings and the land upon which they are situated." CCP §704.710(a)(2). The Court could not locate a definition for mobilehome" in the California Code of Civil Procedure and looked to other statutes for a definiton. In the Civil Code, Chapter 2.5, Mobilehome Residency Law, a mobilehome is defined in §798.3, and specifically excludes a recreational vehicle unless the recreational vehicle is in a mobilehome park.
As for the definition of a recreational vehicle, the Court looked to California Health and Safety Code §18010, which defines a recreational vehicle in a manner which may encompass the Motorhome:
11:00 AM
"Recreational vehicle" means both of the following:
A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:
It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.
It contains 400 square feet or less of gross area measured at maximum horizontal projections.
It is built on a single chassis.
It is either self-propelled, truck-mounted, or permanently towable ont the highways without a permit.
A park trailer, as defined in Section 18009.3.
Read together, all of these miscellaneous statutes would support the Trustee's position that the Motorhome does not qualify for the California homestead exemption. However, the Court notes that CCP §704.710 specifically provides that the definition of a "dwelling" is not an exhaustive list.
Appearances required.
Debtor(s):
Romy Tan Albarico Represented By John Morkos
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
1:30 PM
Adv#: 8:15-01406 Marshack v. Citicards et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential And Fraudulent Transfers [11 U.S.C. Sections 544, 547, 548, 550, And 551]
(Complaint filed 10/26/15) (Alias Summons issued 10/28/15) (PTC set at S/C held 4/27/16)
FR: 1-13-16; 3-2-16; 4-27-16; 10-19-16; 12-14-16; 4-19-17
Docket 1
- NONE LISTED -
Tentative for 6/7/17:
The Court notes that an Order Granting Trustee's Motion for Order Approving Compromise with Citicards, Citibank, Citibank, N.A., and Citigroup, Inc., Adversary Case No. 8:15-ap-0146-SC, was entered on 5/22/17 [Dk. 1187].
The approved Agreement represents that the parties intend it to fully resolve all disputes regarding this adversary proceeding, and that the Trustee will dismiss the adversary proceeding as part of the terms of the Agreement.
However, the Trustee has not yet dismissed the adversary proceeding. Accordingly, this matter is CONTINUED to 9/13/17 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 4/27/2016:
1:30 PM
The Court has received and reviewed the Joint Status Report [Dk. 23] filed on 4/13/2016. The Court has determined that this matter is appropriate for disposition without a hearing and will set the following dates and deadlines:
Discovery cutoff: 8/1/2016. This includes the date by which all discovery-related motions must be heard and resolved.
Motions cutoff: 9/23/2016. This includes the date by which all non- discovery-related motions must be heard and resolved.
Pretrial conference: 10/19/2016, at 10:00 a.m. in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701.
Failure to comply precisely with all applicable federal and local rules may result in monetary or non-monetary sanctions, including striking the answer or dismissing the complaint.
Appearances are EXCUSED for this hearing. Plaintiff to lodge an order within seven (7) days.
*************************************************************************** Tentative for 1/13/16:
The Court has received and reviewed the unilateral reports filed by the parties on 12/23/15 [Dk. 9] and 1/6/16 [Dk. 11] and will CONTINUE this matter to March 2, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
1:30 PM
Defendant(s):
Citibank, N.A. Represented By
Deborah L Schrier-Rape
Citigroup, Inc. Represented By
Deborah L Schrier-Rape
Citicards Represented By
Deborah L Schrier-Rape
Citibank Represented By
Deborah L Schrier-Rape
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Motion for relief from the automatic stay [PERSONAL PROPERTY]
TD Auto Finance LLC vs. Debtor (Motion filed 5/5/16)
[RE: 2013 SMART CAR, VIN WMEEJ3BA5DK703387]
Docket 10
Revised Tentative for 6/8/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Movant to lodge an appropriate order within seven (7) days.
********************************************************************************* Tentative for 6/8/17:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Will Edward Dufresne Represented By Ursula G Barrios
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
HPA Borrower 2016 ML, LLC vs. DEBTOR (Motion filed 5/25/17)
[RE: 7 Buckman Way, Ladera Ranch, CA 92694]
Docket 10
- NONE LISTED -
Debtor(s):
Bryan Edward Taylor Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Samini Scheinberg PC vs. DEBTOR (Motion filed 5/12/17)
[RE: Arbitration: 1220051902 [BS146302]
Case Name: Beitler v. Bral Judge: Judge Carl West, Retired Court: JAMS Los Angeles
Status: A statement of decision was issued on 10/03/16]
[RE: Case Number: BS146302] Case Name: Beitler v. Bral Judge: Richard L. Fruin
Court: Los Angeles Superior Court, Stanley Mosk Department D 15
Statement of decision issued by JAMS on 10/03/16 to be reviewed. Judgment Debtor's Exam hearing set for May 22, 2017.
Hearing regarding an OSC re bankruptcy stay set for June 6, 2017.]
[RE: Arbitration: 1220053162 [BC553693]
Case Name: Beitler v. Bral Judge: Judge Carl West, Retired Court: JAMS Los Angeles
Status: The matter has not been rescheduled.]
[RE: Case Number: BC553693]
Case Name: Bral v. Westcliff Investors LLC Judge: Judge Rolf M. Treu
Court: Los Angeles Superior Court Department D58
Status: An OSC regarding arbitration is set for hearing on May 23, 2017 but a notice of stay has been filed and the hearing should not be going forward.]
[RE: Case Number: BC525778]
Case Name: Steward Financial LLC and AFG assignees of First Citizens Bank
Beitler
Judge: Judge Holly E. Kendig
Court: Los Angeles Superior Court Department D42
Status: A trial was set for May 1, 217 but a notice of stay has been filed and the
11:00 AM
trial should not be going forward.]
[RE: Case Number: BC532523] Case Name: Beitler v. Bral Judge: Judge Barbara A. Meiers
Court: Los Angeles Superior Court Department D12
Status: An appeal of a default judgment was filed 1/5/2017.]
[RE: Appeal Case Number: B279951] Case Name: Beitler v. John Jean Bral Judge: Panel
Court: Court of Appeals
Status: Briefing completed. Oral argument is to be set]
[RE: Case Number: BC543410]
Case Name: Beitler/Beitler & Associates v. Bral and Venture Judge: Judge Duffy Lewis
Court: Los Angeles Superior Court Department D38
Status: A trial was set for June 12, 2017 but a notice of stay has been filed and the trial should not be going forward.]
[RE: Case Number: BC567567]
Case Name: Beitler v. Bral and Ocean View Judge: Judge Malcolm Mackey
Court: Los Angeles Superior Court Department D55 Status: Memo for cost was filed 9/15/2016.]
[RE: Appeal Case Number: G053083] Case Name: Cannae Financial LLC v. Bral Judge: Judge Lewis
Court: Orange County Superior Court Department C26 Status: Awaiting setting of oral argument]
[RE: Case Number: 30-2016-0083411]
Case Name: Stewart Financial v. Bral Judge: Judge John Gastelum
Court: Orange County Superior Court Department C13
Status: A mandatory case management conference is set for 10/20/2017 and
11:00 AM
trial on 10/30/2017.]
Docket 50
Revised Tentative for 6/8/17:
Upon further review of this Matter, and in light of the lack of any filed opposition, the Court deems this Matter appropriate for disposition without a hearing.
Accordingly, the below tentative shall become the final order, and this hearing is VACATED.
Movant to lodge an appropriate order within seven (7) days.
********************************************************************************* Tentative for 6/8/17:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Confirmation Of Second Amended Chapter 11 Plan Dated November 2, 2016
(Confirmation set at D.S. hearing held 11/3/16) FR: 12-15-16; (advanced from 3-16-17); 3-9-17
Docket 321
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/2/16)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17
Docket 0
Tentative for 6/8/17:
This matter is CONTINUED to 6/19/17 at 1:30 p.m. to coincide with the hearing on plan confirmation.
Appearances are excused. No hearing will be held on 6/8/17.
**************************************************************************** Tentative for 11/3/16:
This matter is CONTINUED to March 16, 2016, at 11:00 a.m. to coincide with the continued hearing on plan confirmation.
Appearances are excused.
**************************************************************************** Tentative for 11/3/16:
None listed.
**************************************************************************** Tentative for 10/20/2016:
This matter is CONTINUED to 11/3/16 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
11:00 AM
Appearances are excused.
************************************************************************* Tentative for 9/29/16:
This matter is CONTINUED to 10/20/16 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement. A status report does not need to be filed for the 10/20/16 hearing.
Appearances are excused.
************************************************************************* Tentative for 6/30/16:
The Court has received and reviewed the status report filed 6/16/16 [Dk. 171] and will CONTINUE this matter to 9/29/16 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 3/31/16 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: June 3, 2016. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Deadline for filing proofs of claim: May 15, 2016. Notice of the deadline to be filed and served by March 11, 206.
Deadline for objections to proofs of claims: December 31, 2016
Continued status conference: June 30, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven (7) days.
The parties should also be prepared to discuss the issue of joint administration of this case with the Genesis Title holding Corporation case.
11:00 AM
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16
Docket 1
Tentative for 6/8/17:
The Court has received and reviewed the status report filed 5/25/17 and will CONTINUE this matter to 10/19/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 6/8/17.
**************************************************************************** Tentative for 12/1/2016:
If the plan is confirmed, the Court will set a post-confirmation status conference for 4/20/2017, at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
************************************************************************* Tentative for 9/15/2016 is to CONTINUE to the same date as confirmation hearing.
************************************************************************* Tentative for 6/23/16:
This case is being jointly administered with Trask Developers, LLc, a
11:00 AM
California limited liability company, Case No. 8:16-bk-11621.
The Court is inclined to substantially adopt the following dates/deadlines proposed by the Debtors in the status report filed 6/8/16 [Dk. 55]:
Deadline to file a joint disclosure statement and plan: July 14, 2016. The failure to timely file a joint disclosure statement and plan may result in the dismissal or conversion of the case.
Claims bar date: August 31, 2016, with notice to be served by no later than June 30, 2016
Deadline to object to claims: November 18, 2016
Continued status conference: October 13, 2016. A status report is due 14 days in advance.
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16
Docket 1
Tentative from 6/8/17:
The Court has received and reviewed the status report filed 5/25/17 [Dk. 183] in Paul Chieu Nguyen, 8:16-bk-11619-SC and will CONTINUE this matter to 10/19/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 6/8/17.
**************************************************************************** Tentative for 12/1/2016:
The Court will set a post-confirmation status conference for 4/20/2017, at 11:00 a.m. A status report is due 14 days in advance.
**************************************************************************** Tentative for 9/15/2016:
This case is being jointly administered with Paul Chieu Nguyen, Case No. 8:16-bk-11619. Please refer to the tentative for #5 on today's calendar.
**************************************************************************** Tentative for 6/23/16:
This case is being jointly administered with Paul Chieu Nguyen, Case No. 8:16-bk-11619. Please refer to the tentative for #15 on today's calendar.
11:00 AM
Debtor(s):
Trask Developers, LLC Represented By David S Kupetz Jessica Vogel
11:00 AM
Adv#: 8:16-01156 Local Corporation v. American Express Company et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Preferential Transfers Of Property And For Disallowance Of Claims (Complaint filed 6/15/16) (PTC set at S/C held 10/13/16)
FR: 9-1-16; 10-13-16; 4-20-17
Docket 1
- NONE LISTED -
Debtor(s):
Local Corporation, a Delaware Represented By Marc J Winthrop
Garrick A Hollander Peter W Lianides Andrew B Levin Amelia Puertas-Samara
Defendant(s):
American Express Travel Related Represented By
Robert S Lampl
American Express Company Represented By Robert S Lampl
Plaintiff(s):
Local Corporation Represented By Richard H Golubow
11:00 AM
9:30 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
CONT'D Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
(Date Reserved per Order Entered 1/17/17 - docket no. 532]
FR: 4-17-17; 5-8-17
Docket 532
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
9:30 AM
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing vs. DEBTOR (Motion filed 5/22/17)
Re: 15410 Jeanette Drive, Fontana, CA 92336 EH
Docket 31
Tentative for 6/13/17 is to DENY:
Service is improper. The movant did not serve Chase Home Finance, LLC, which is the entity scheduled by the Debtor as the secured creditor. LBR 4001-1(c)(1)(B) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001 (emphasis added).
Debtor(s):
Phillip Michael Federico Represented By Kian Mottahedeh
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
H.G. Long, Esq. - movant attorney Motion for Relief from Stay
Jeff Bentow vs. DEBTOR (Motion filed 4/26/17)
Re: 13395 El Cajon Drive, Desert Hot Springs, CA . EH
Docket 30
- NONE LISTED -
Debtor(s):
Jose Buendia Ramirez Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Vanlochem & Associates LLP- movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTORS' (Motion filed 5/18/17)
re: 2016 NISSAN VERSA
Docket 19
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Omar Barrera Represented By Daniel King
Joint Debtor(s):
Adriana Barrera Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs DEBTOR (Motion filed 5/11/17)
RE: 2007 Honda CR-V, VIN: JHLRE38327C008153
EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Shonda Lynette Ajala Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Barry Lee O'Connor, Esq. - movant attorney Motion for Relief from Stay
Syresh Patel vs. DEBTORS (Motion filed 5/18/17)
Re: 9644 54TH STREET, JURUPA VALLEY, CA 92509
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Regino Perez Jaurequi Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR, John P. Pringle, trustee (Motion filed 5/17/17)
Re: 2008 Ford Expedition, VIN 1FMFK15578LA57865
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Johnny A. Dolstra Represented By
James D. Hornbuckle
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Equity Residential Management, LLC vs. DEBTOR (Motion filed 6/1/17)
RE: 1005 N. Center Ave., #3304, Ontario, CA 91764
Docket 8
- NONE LISTED -
Debtor(s):
Bridgett Anderson Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on United States Trustee For An Order Pursuant To Federal Rules Of Bankruptcy Procedure 2004 And 9016 For The Production Of Documents From Morgan Drexen, Inc. Chapter 7 Trustee
EH
Docket 181
- NONE LISTED -
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on creditor, Judgment Recovery Assistance, LLC Motion filed 5/11/17 to Reopen Chapter 7 Case
EH
Docket 40
Tentative for 6/13/17 is to GRANT the motion to reopen. A motion to reopen cannot be combined with any other request pursuant to Local Rule 5010-1(b) (1). Thus, any other request contained within the motion is denied and must be brought pursuant to a separate adversary or motion, as appropriate.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Enrique Rodriguez Represented By Thomas J Polis
Joint Debtor(s):
Susan Rodriguez Represented By Thomas J Polis
Trustee(s):
Helen R. Frazer (TR) Pro Se
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 2/14/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
S J Medical LLC, a California Represented By Marc C Forsythe
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 3/7/17)
EH
Docket 0
Tentative for 6/13/17:
The Court has received and reviewed the Status Report filed 5/30/17 [Dk. 499] and will CONTINUE this matter to 11/14/17 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 6/13/17 hearing.
***************************************************************************** Tentative for 3/07/17:
The Court has received and reviewed the Status Report filed 2/21/17 [Dk. 459] and will CONTINUE this matter to 6/13/17 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 3/07/17 hearing.
**************************************************************************** Tentative for 1/10/2017:
The Court has received and reviewed the status report [Dk. 444] and will CONTINUE this matter to 3/7/2017 at 1:30 p.m. A status report is due 14 days in advance.
1:30 PM
Appearances are excused for the 1/10/2017 hearing.
**************************************************************************** Tentative for 11/1/2016:
The Court has received and reviewed the status report [Dk. 425] and will CONTINUE this matter to 1/10/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 11/1/2016 hearing.
**************************************************************************** Tentative for 7/19/2016:
The Court has received and reviewed the status report [Dk. 310] and will CONTINUE this matter to 10/18/2016 at 1:30 p.m. A status report is due 14 days in advance.
**************************************************************************** Tentative for 5/10/16:
The status conference is CONTINUED to 7/19/2016 at 1:30 p.m. A status report is due 14 days in advance.
**************************************************************************** Tentative for 3/1/16:
The status conference is CONTINUED to 5/10/16 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 1/12/16:
See tentative for #20.
1:30 PM
Personal appearances by all parties, except the United States Trustee, are required in Courtroom 5C, located at 411 West Fourth Street, Santa Ana, CA 92701.
***************************************************************************** Tentative for 12/1/2015:
The Court will CONTINUE this matter to 1/12/2016 at 1:30 p.m. to coincide with the hearing on the disclosure statement.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut
1:30 PM
Adv#: 6:16-01022 Bui v. Perez
PRE-TRIAL CONFERENCE re: Complaint by Lynda T. Bui against Maria C. Perez. (Charge To Estate). 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code § §§
3439.04, 3439.05, 3439.06, 3439.07, 3439.08]; 2) Avoidance of Constructive
Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551;
Cal. Civ. Code §§ 3439.04, 3439.05, 3439.06, 3439.07, 3439.08]; 3)
Disallowance of Claims [11 U.S.C. §502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Declaratory Relief [11 U.S.C. §§ 547, 548; FRBP 7001(9)]; and 6) Turnover [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(14 (Recovery of money/property - other))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Isabel Tenorio Represented By Alla Tenina
Defendant(s):
Maria C. Perez Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Elyza P Eshaghi
1:30 PM
Trustee(s):
Lynda T. Bui (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
2:00 PM
CONT'D Hearing RE: Emergency Motion For Order Authorizing, For An Interim Period, The Following: (1) Continued Use Of Pre-Petition Bank Accounts; (2) Continued Use Of Custodians; And (3) Continued Foreclosures Under Deeds Of Trust And Sales Of REOs In The Ordinary Course Of Business
(Motion filed 5/23/17) FR: 5-26-17
Docket 13
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
2:00 PM
Hearing RE: Motion Of Luxury Asset Purchasing International, LLC To Assume Agreement With Shapouri & Associates Pursuant To 11 U.S.C. Section 365, To Approve Retention Under 11 U.S.C. Section 327(a), And For Authority To Pay Compensation Under 11 U.S.C. Section 330 On Terms In Agreement And Motion Of Members 5827 Winland Hills Drive Development Fund, LLC And TD REO Fund, LLC To Use Property Of Their Estates Under 11 U.S.C. Section 363
To Pay Balance Of Consulting Fee (Motion filed 6/1/17) (OST Entered 6/2/17) [Affects the following Debtors]:
[8:17-bk-11997-SC - 5827 Winland Hills Drive Development Fund, LLC] [8:17-bk-12004-SC - Luxury Asset Purchasing International, LLC] [8:17-bk-12010-SC - TD REO Fund, LLC]
Docket 36
Tentative for 6/13/17:
The motion states that without the entitlements, the value of the Property is approximately $7.5 million, but if certain entitlements are obtained, the value has been estimated to be as high as $15.6 million by Collier's International.
The Court would like more information on the probability of obtaining all of the entitlements and the range of potential Property valuations depending on which entitlements are obtained.
The motion also seeks authority to pay an additional $862,000, post-petition, to Shapouri & Associates. Mr. Grobstein submits a declaration in which he declares at ¶4 that Luxury has approximately $18,000 in its account, Winland has approximately $225,000 in its account and TD REO has about $1.4 million in its account. The declaration is silent as to any other anticipated administrative expenses which could be incurred by these Debtors. The Court requires additional information on the Debtors' other expenses, if any.
2:00 PM
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
1:30 PM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
PRE-TRIAL CONFERENCE re: Complaint by Onepoint Human Capital Management LLC against Angela M. Arents 523(a)(2), 523(a)(4), 523(a)(6)
(Cont.from 4/5/17) EH
Docket 1
Tentative for 6/14/17:
The Court is inclined to approve the proposed pretrial stipulation and set trial for October 24-27, 2017. The trial will be a trial by declaration utilizing this Court's procedures as set forth on the website.
***************************************************************************** Tentative for 10/12/2016:
Plaintiff filed a unilateral status report on 9/28/2016 [Dk. 5] and Defendant Angela Arents filed her unilateral status report on 10/4/2016 [Dk. 7]. Neither status report contains a declaration detailing what efforts were made to meet and confer, as required by LBR 7016-1(a)(3) (requiring a unilateral status report to "contain a declaration setting forth the attempts made by the party to contact or obtain the cooperation of the non-complying party. . .").
Both status reports request the same dates and deadlines, as follows: Last Day to Amend Pleadings: 3/1/2017
Initial Expert Disclosure Reports: 7/1/2017 Fact Discovery Cut-Off: 8/1/2017 Rebuttal Expert Disclosures: 8/15/2017
1:30 PM
Deadline for Dispositive Motions: 9/15/2017 Expert Discovery Cutoff: 10/1/2017
Trial: 12/1/2017
Parties are to appear to discuss setting dates and deadlines.
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
1:30 PM
Adv#: 6:16-01204 Horn v. Awberry
PRE-TRIAL CONFERENCE Re: complaint to determine dischargeability under 11 U.S.C. § 523(a)(6)
EH
Docket 1
NONE LISTED -
Debtor(s):
Jerry Edward Awberry Represented By Jenny L Doling
Defendant(s):
Jerry Edward Awberry Pro Se
Plaintiff(s):
Harrison H Horn Represented By Douglas A Plazak
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Movant: John Jean Bral (Motion filed 6/5/17) (OST Entered 6-5-17]
[RE: Case Name: Cannae Financial LLC v Bral] [Docket No. G053083]
[Pending In: Court Of Appeal For The State Of California, Fourth Appellate District, Division Three]
Docket 60
Tentative for 6/14/17 is to GRANT under § 362(d)(1), with waiver of 14-day Stay under FRBP 4001(a)(3).
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
10:00 AM
Adv#: 8:15-01072 Bui v. Shun Lung Co., Inc.
CONT'D STATUS CONFERENCE RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547(b), 550 And 551 (Complaint filed 2/2/15) (PTC set at S/C held 7/22/15)
(Trial set at PTC held 1/13/16)
(Trial Vacated per Order Entered 3-24-16 - Docket No. 34) (S/C set per Order Entered 3-24-16)
FR: 4-2-15; 5-21-15; 7-22-15; 12-16-15; 1-13-163-28-16; 6-29-16
Docket 1
Tentative for 6/14/17:
The Court has received and reviewed the unilateral status report [Dk. 39] and is inclined to set this matter for trial on August 22, 2017 at 9:30 a.m.
Appearances required.
*************************************************************************** Tentative for 6/29/2016:
The Court has received and reviewed the unilateral status report [Dk. 37] filed on 6/23/2016, and will accordingly CONTINUE this status conference to 6/14/2017 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
10:00 AM
Defendant(s):
Shun Lung Co., Inc. Represented By Delmas Woods
Plaintiff(s):
Lynda T. Bui Represented By
Steven Werth
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
10:00 AM
Adv#: 8:15-01078 Bui v. Woo Jin Trading Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547(b), 550 And 551
(Complaint filed 2/2/15) (PTC set at S/C held 4/2/15) (S/C reset at PTC held 10/8/15)
FR: ; 4-2-15;10-8-15; 1-14-16; 6-22-16
Docket 1
Tentative for 6/14/17:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 12/20/17 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused for the 6/14/17 hearing.
***************************************************************************** Tentative for 6/22/2016:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 6/14/2017 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/14/16:
The Court has received and reviewed the status report filed12/9/15 [Dk. 18] and will CONTINUE this matter to June 22, 2016 at 11:00 a.m. A status
10:00 AM
report is due 14 days in advance. Appearances are excused.
****************************************************************************** Tentative for 10/8/2015:
The Court is inclined to approve the proposed joint pretrial stipulation filed 9/15/15 [Dk. 12] and set this matter for trial on 11/19/15 at 1:30 p.m. The trial will be by declaration. The parties are instructed to follow the procedures for trials by declaration which can be located on the Court's website.
Appearances required.
**************************************************************************** Tentative for 4/02/15 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2015. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 31, 2015. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: September 17, 2015 at 10:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the issuance of monetary and/or non-monetary sanctions, including dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
10:00 AM
Defendant(s):
Woo Jin Trading Inc. Represented By Young K Chang
Plaintiff(s):
Lynda T. Bui Represented By
Steven Werth
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
10:00 AM
Adv#: 8:17-01045 Marshack v. Farino et al
STATUS CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers; Alter Ego; To Revoke Discharge
(Complaint filed 3/22/17)
Docket 1
Tentative for 6/14/17:
The Court notes that an order re: mediation was entered on 6/2/17 and will CONTINUE this matter to 8/10/17 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused for the 6/14/17 hearing.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Defendant(s):
Farino Engineering, Inc. Pro Se Farino Construction Services, Inc. Pro Se Farino Leasing, LLC Pro Se
Farino Concrete Pumping, Inc. Pro Se
Farino Ready Mix, Inc. Pro Se
Richard A. Farino Pro Se
Kelly Anne Duman Pro Se
Justin Jensen Pro Se
10:00 AM
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Adv#: 8:17-01021 Marshack v. Sand
Hearing RE: Motion To Dismiss Complaint For Turnover Of Property Of The Estate
[11 U.S.C. Sections 542(a)]
Docket 8
Tentative for 6/14/17 is to DENY:
Defendant seeks to dismiss the Chapter 7 Trustee's complaint for turnover of the estate's interest in a State and Federal 2015 tax refund. The Chapter 7 Trustee filed an Opposition on 5/31/17 [Dk. 12].
To assert a prima facie case for turnover under 11 U.S.C. § 542, the Chapter 7 Trustee must allege that the Defendant is in possession of the refunds which are property of the estate and which the Chapter 7 Trustee may use, sell or lease pursuant to 11 USC § 363. See 11 U.S.C. § 542. The complaint adequately pleads these elements. Moreover, the Debtor's assertion of an exemption in the refunds is not a bar to the action, as the time to object to exemptions has not expired under FRBP 4003(b). The Court must accept the allegations of the Complaint as true for purposes of a motion to dismiss.
Appearances required.
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Defendant(s):
Helen Melissa Sand Represented By Christine A Kingston
10:00 AM
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
10:00 AM
Adv#: 8:17-01021 Marshack v. Sand
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Turnover Of Property Of The Estate
[11 U.S.C. Sections 542(a)] (Complaint filed 2/8/17)
FR: 5-3-17
Docket 1
Tentative for 6/14/17 is to set the following dates and deadlines:
Discovery cutoff: August 31, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 4, 2017. Note: that this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: November 15, 2017 at 11:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions including the dismissal of the action or striking of the answer.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
10:00 AM
Defendant(s):
Helen Melissa Sand Pro Se
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
10:00 AM
Adv#: 8:15-01425 Marshack v. Ayotte et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16)
[Law Offices of Michael W. Ayotte [ONLY] - Dismissed per Order Entered 4- 6-17 - Docket No. 33]
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16; 4-19-17
Docket 1
Tentative for 6/14/17:
The Court has received and reviewed the Amended Pretrial Stipulation filed by the Parties on June 9, 2017 [Dk. 36]. The Court is inclined to set this matter for trial on November 20, 2017. The trial will be a trial by declaration utilizing this Court's procedures as set forth on the website.
Appearances required.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Law Offices of Michael W. Ayotte Represented By
Michael W Ayotte
10:00 AM
Michael W. Ayotte Represented By Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack D Edward Hays
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
Hearing RE: MotionTo Withdraw And Amend Deemed Admissions (Motion filed 5/24/17)
Docket 50
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
10:00 AM
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 3/9/16) FR: 3-9-16; 9-28-16, 11-3-16; 4-19-17
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01421 Marshack v. Sunwize Technologies, Inc. et al
CONT'D Hearing RE: Defendant's Motion For Summary Judgment (Motion filed 3/8/17)
FR: 6-14-17
Docket 45
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
MCA Financial Group, Ltd. by and Represented By
Jeffrey L Sklar
Sunwize Technologies, Inc. Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy
10:00 AM
Judith E Marshack Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01345 Marshack v. Weed & Co., L.C. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers, Fraudulent Transfers,
And Unauthorized Post-Petition Transfers
[11 U.S.C. Section 544, 547, 548, 549, 550, and 551; Cal. Civ. Code Section
3439 et seq.]
(Complaint filed 8/20/15) (PTC set at S/C held 12-3-15)
FR: 11-5-15; 12-3-15; 8-17-16; 10-19-16; 12-14-16; 1-18-17
Docket 1
NONE LISTED -
Debtor(s):
Osseous Technologies of America Pro Se
Defendant(s):
Richard O. Weed Represented By William P White
Weed & Co., L.C. Represented By William P White
Plaintiff(s):
Richard A. Marshack Represented By Matthew Grimshaw David Wood
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Matthew Grimshaw D Edward Hays David Wood Anthony Bisconti
10:00 AM
Adv#: 8:15-01450 Golden v. Edwards
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Trustee's Complaint To Avoid And Recover Fraudulent Transfers
(Complaint filed 11/18/15) (PTC set at S/C held 5/25/16) FR: 2-10-16, 4-6-15; 5-25-16; 1-11-17; 4-19-17
Docket 1
NONE LISTED -
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Defendant(s):
Kammi D. Edwards Represented By Richard E Donahoo
Plaintiff(s):
Jeffrey I. Golden Represented By Michael G D'Alba
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
10:00 AM
Adv#: 8:17-01025 California Hispanic Commission on Drug and Alcohol v. Long Term Care
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Post-
Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550 (Complaint filed 2/16/17)
Docket 1
NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
Defendant(s):
Genesis Title Holding Corp. Pro Se
Long Term Care Properties, Inc. Pro Se
Plaintiff(s):
California Hispanic Commission on Represented By
Linda F Cantor ESQ
10:00 AM
Adv#: 8:16-01137 ABD, LLC et al v. Weidenhammer
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523 (Complaint filed 5/17/16)
(PTC set at S/C held 8/17/16) FR: 8-17-16; 4-19-17
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
Giovinazzo Family Real Estate Represented By Rika Kido
ABD, LLC Represented By
Rika Kido
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01036 Marshack v. Capital One Bank, (USA) National Association et al
STATUS CONFERENCE Hearing RE: First Amended Complaint For Turnover And Avoidance Of Preferential Transfers
[11 U.S.C. Section 547; 11 U.S.C. Section 548; And 11 U.S.C. Section 550] (Complaint filed 2/24/17) (Amended Complaint filed 2/24/17)
Docket 3
NONE LISTED -
Debtor(s):
Jeffrey Yi Represented By
Mark D Klein
Defendant(s):
LoanMe Pro Se
American Express Centurion Bank, Pro Se Capital One Bank, (USA) National Pro Se
Joint Debtor(s):
Dian Yi Represented By
Mark D Klein
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
10:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt [11 U.S.C. Section 523(a)(2)]
(Complaint filed 1/26/17) (Another Summons Issued 3/3/17) FR: 4-20-17
Docket 1
NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
10:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11
U.S.C. Section 523(a)(2) (Complaint filed 3/24/17)
Docket 1
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Pro Se
Charles Flowers Harrison Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 5/11/17)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $29,299.68; Expenses: $6,555.22]
[RE: DANNING GILL DIAMOND & KOLLITZ - Attorney For Chapter 7 Trustee]
[Fees: $40,664.00; Expenses: $2,093.73]
[RE: PACHULSKI STANG ZIEHL & JONES LLP - Special Counsel For Trustee] Fees: $79,501.92; Expenses: $11,255.50]
[RE: JERRY SEELIG - Patient Care Ombudsman For The Trustee] [Fees: $18,000.00; Expenses: $0.00]
[RE: INDEPENDENT MANAGEMENT SERVICES - Field Agent For The
Trustee]
[Fees: $8,507.08; Expenses: $0.00]
[RE: HAHN FIFE & COMPLANY LLP - Accountant For Trustee] [Fees: $10,003.50; Expenses: $669.40]
[RE: GLASSRATNER ADVISORY & CAPITAL GROUP, LLC - Financial
Advisor To The Trustee]
[Fees: $9,721.50; Expenses: $76.20]
[RE: UNITED STATES BANKRUPTCY COURT - Clerk Of The Court]
[Fees: 176.00; Expenses: $0.00]
[RE: OFFICE OF THE UNITED STATES TRUSTEE - U.S. Trustee Quarterly
Fees; Claim No. 28]
[Fees: 650.00; Expenses: $0.00]
11:00 AM
[RE: HARTFORD FIRE INSURANCE COMPANY - Chapter 7 Administrative Claim No. 9]
[Fees: $5,645.41; Expenses: $0.00]
[RE: FRANCHISE TAX BOARD - Chapter 7 Administrative Tax Claim No. 96-4]
[Fees: 7,743.61; Expenses: $0.00]]
[RE: EMPLOYMENT DEVELOPMENT DEPARTMENT - Chapter 11
Administrative Claim]
[Fees: $49,049.42; Expenses: $0.00]
[RE: MICHAEL J. SUNDINE, M.D. - Chapter 11 Administrative Claim] [Fees: $30,000.00; Expenses: $0.00]
[RE: PACHULSKI STANG ZIEHL & JONES, LLP - Chapter 11 Administrative Claim]
[Fees: $187,055.58; Expenses: $0.00]
[RE: PACIFIC MEDICAL PLAZA LP - Chapter 11 Administrative Claim] [Fees: $316,639.68; Expenses: $0.00]
[RE: SOUTHERN CALIFORNIA EDISON COMPANY - Chapter 11
Administrative Claim 6-2]
[Fees: $16, 125.08; Expenses: $0.00]
Docket 562
Tentative for 6/14/17 is to APPROVE as requested:
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further
11:00 AM
hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Renaissance Surgical Arts at Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By
Jeffrey I Golden (TR) Eric P Israel
Iain A W Nasatir Aaron E de Leest
11:00 AM
Hearing RE: Motion Of Chapter 7 Trustee To Sell Assets (Motion filed 5/12/17)
Docket 489
- NONE LISTED -
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Motion For Issuance Of An Order To Show Cause To Non-Party Witness, Paul Crouch Jr. Pursuant To LBR 9020-1 And Federal Rules Of Civil Procedure 45 And For Monetary Sanctions
(Motion filed 4/11/17) (OST Entered 4/12/17) FR: 4-19-17; 5-10-17
Docket 85
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2); (a)(4) And (a)(6)
FR: 12-14-16; (Advanced from 5-17-17); 5-3-17; 5-10-17; 6-7-17
Docket 41
Tentative for 6/14/17:
The Court has received and reviewed the Joint Status Report filed on 5/24/17, as Dk. No. 123. The Court notes that the discovery cutoff for all issues except those related to the discovery disputes set forth in the motions at Dk. Nos. 82 and 85 (collectively, "Discovery Disputes") has passed. The discovery cutoff for issues related to the Discovery Disputes has been continued to August 31, 2017 [Dk. 124 & 125]. Accordingly, the Court is inclined to set the following deadlines:
Discovery Cuttoff for all issues not related to the Discovery Disputes: is April 28, 2017 [Dk. 66].
Discovery Cutoff for all issues related to the Discovery Disputes is August 31, 2017 [Dk. 124 & 125]
Motion Cutoff shall be October 31, 2017. This date includes the date by which all non-discovery motions must be heard and resolved, including Motions for Summary Judgment. This date does not include Motions in Limine or Daubert motions which, if necessary, shall be scheduled at the Pretrial hearing.
A Pretrial Conference is set for December 20, 2017 at 10:00 a.m. in
11:00 AM
Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701.
Note: These dates may be adjusted by stipulation, for cause shown. The parties are advised to follow, precisely, all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non- monetary sanctions, including the dismissal of the action or the striking of the answer.
In addition, the Court notes that Defendant has indicated she would like this case submitted to mediation. The parties should be prepared to explain why mediation is or is not appropriate in this case.
*************************************************************************** Tentative for 6/7/17:
The Court has received and reviewed the Joint Status Report filed on 5/24/17, as Dk. No. 123. This Status Conference will be CONTINUED to 6/14/17 at 11:00 a.m. to coincide with the hearing in this case scheduled at that time.
Appearances for 6/7/17 are excused.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[$75.00 Installment Fee Was Fue On 5-19-17]
Docket 0
- NONE LISTED -
Debtor(s):
Scott D Duarte Pro Se
Joint Debtor(s):
Jaymi R Duarte Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[$85.00 Installment Fee Was Fue On 5-19-17]
Docket 0
NONE LISTED -
Debtor(s):
Vilma Roca De Fuentes Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
County Of Riverside vs. DEBTOR (Motion filed 6/2/17)
[RE: Statutory Lienholder For Delinquent Real Property Taxes Under California Revenue And Taxation Code - Legal Description: APN 287-170- 010-0]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(4) with 4001(a)(3) waiver.
"To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012).
Here, the timing of the filing, combined with the identification of only Movant as a creditor, indicates that it was part of a scheme designed to hinder or delay Movant. Movant has also submitted evidence of multiple filings.
Movant's request for $2,670.00 in attorneys fees is denied without prejudice. If Movant believes it is entitled to such fees, Movant must file a separately noticed motion, supported by appropriate evidence.
10:00 AM
Note: This matter appears to be uncontested. See, Non-Opposition filed 6/8/17 [Dk. 14] by the Chapter 7 Trustee. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
EEMotion LLC Represented By Shawn M Olson
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
HPA Borrower 2016 ML, LLC vs. DEBTOR (Motion filed 5/25/17)
[RE: 7 Buckman Way, Ladera Ranch, CA 92694]
FR: 6-8-17
Docket 10
Tentative for 6/15/17:
Movant has not filed anything further to establish standing or to support its request for annulment, as instructed by the order issued on 6/7/17 [Dk. 12]. Accordingly, the tentative is to DENY, as set forth below.
Appearances are required.
****************************************************************************** Revised Tentative for 6/08/17:
Matter VACATED and CONTINUED to 6/15/17 pursuant to an order issued on 6/07/17.
****************************************************************************** Tentative for 6/2/17 is to DENY for the following reasons:
First, the Motion is denied in its entirety because Movant has failed to adequately establish it has standing. The Movant is HPA Borrower 2016 ML, LLC. Movant represents that it is the owner of the Property, is the entity listed on the 3 day Notice to Quit, and is the plaintiff in the referenced Unlawful Detainer Complaint in the County of Orange. However, the owner/ landlord
10:00 AM
listed on Debtor's rental agreement is HP California I LLC. The Court is unable to identify any documentation attached to the Motion that establishes that the Movant is the owner or agent of the owner.
Second, the Motion is denied as to Movant's request for annulment of the automatic stay retroactive to the petition date because Movant has failed to establish cause for granting annulment of the stay; there is no evidence of post-petition actions taken by the Movant.
Debtor(s):
Bryan Edward Taylor Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Navigators Insurance Company vs. DEBTOR (Motion filed 5/25/17)
[RE: Case Name: Michael Favreau & Favreau's Custom Woodworking Inc. v Nagivators Ins. Co. And Proworks, Inc. dba Proworks Insurance Services]
[Docket No.: 30-2016-0085896-CU-IC-CJC]
[Pending In: Orange County Superior Court]
Docket 242
NONE LISTED -
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Hearing RE: Motion For Order Disallowing Claim Against The Debtor: (Motion filed 5/1517)
Claim No. 11 Charles Bogner $9,305.15
Docket 234
NONE LISTED -
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Adv#: 8:17-01025 California Hispanic Commission on Drug and Alcohol v. Long Term Care
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Post-Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550 (Complaint filed 2/16/17)
[Genesis Title Holding Corporation - Dismissed 4/25/17 - Docket No. 5]
FR: 6-14-17
Docket 1
NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
Defendant(s):
Genesis Title Holding Corp. Pro Se
Long Term Care Properties, Inc. Pro Se
Plaintiff(s):
California Hispanic Commission on Represented By
Linda F Cantor ESQ
11:00 AM
CONT'D Hearing RE: Motion For Order Approving The Adequacy Of Debtor's Amended Disclosure Statement In Support Of Chapter 11 Plan Of Reorganization Dated 5/1/12017 And Setting Dates And Procedures For Approval Of Chapter 11 Plan Of Reorganization
(D.S. Filed 3/6/17) (Amended D.S. filed 5/1/17)
FR: 4-20-17
Docket 100
NONE LISTED -
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/516) FR: 1-19-17; 4-20-17
Docket 0
Tentative for 6/15/17:
The Court has read the status report filed 6/1/17 [Dk. 107] and notes the filing of the Motion to Dismiss on 6/12/17 [Dk. 111]. The Court will CONTINUE this status conference to 7/13/17 at 11:00 a.m. to coincide with the hearing on the Motion to Dismiss.
Appearances for the 6/15/17 hearing are excused.
*************************************************************************** Tentative for 4/20/17:
The Court has received and reviewed the Status Conference Statement filed on 4/6/17 [ Dk. 81] and will CONTINUE this matter to June 15, 2017 at 11:00
a.m. to coincide with the hearing on the Debtor's disclosure statement. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 1/19/17:
The Court is in receipt of the Debtor's late-filed status conference report. The report was due on 1/5/17 pursuant to the order entered 12/7/16 [Dk. 5],
11:00 AM
however it was filed a week late on 1/12/17 [Dk. 47] without explanation. Further, the report [Dk. 47] and accompanying declaration [Dk. 48] do not provide a line-item budget as required by the order entered 12/7/16 [Dk. 5] (the prior filing of a cash collateral motion or a MOR do not comply with the Court's requirement).
The Court is inclined to sanction Debtor's counsel $50.00 for the late filing. The Court will set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: March 3, 2017 as proposed by Debtor in the status report [Dk. 47].
Deadline to file objections to claims and avoidance actions: March 31, 2017 [Note: Debtor proposed March 3, 2017 in the status report; however, the Court will set March 31, 2017 as the date].
Debtor's counsel's employment application was denied for failure to follow all applicable local rules. Debtor's counsel is to file a new employment application by no later than January 31, 2017.
Appearances required.
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 5/1/17)
Docket 0
Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first
11:00 AM
120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
10:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17
Docket 16
Tentative for 6/19/17:
The parties reached a settlement, the terms of which are set forth in the Joint Amended Chapter 11 Plan of Reorganization. Upon confirmation of the Joint Amended Chapter 11 Plan of Reorganization, this matter will go off calendar as being resolved, and the case will be closed upon entry of the order confirming the plan.
***************************************************************************** Tentative for 4/20/2017:
The Court has received and reviewed the status report filed 4/17/17 [Dk. 22] and will CONTINUE this matter to 6/19/17 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Defendant(s):
Michael Edward Favreau Pro Se
10:00 AM
Plaintiff(s):
Theresa-Keane Ruiz Represented By John W Lucas
Christopher P. Ruiz Represented By John W Lucas
10:00 AM
Hearing RE: Confirmation Of Debtor's Joint Amended Chapter 11 Plan Of Reorganization
(D.S. approved at hearing held 5/11/17)
(Set per Order Entered 3/20/17 - docket no. [201])
Docket 209
Tentative for 6/19/17 is to APPROVE confirmation of Debtor's Joint Amended Chapter 11 Plan Of Reorganization.
Debtor(s):
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
10:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/7/16)
[Jointly Administered with:]
[Case No. 8:16-bk-12879-SC, Favreau's Custom Woodworking]
FR: 9-1-16; 11-17-16; 12-1-16; 1-19-17; 2-2-17; 2-16-17; 3-9-17, 5-11-17
Docket 0
Tentative for 6/19/17 is to set a post-confirmation status conference on December 21, 2017 at 11:00 a.m. A stauts report is due 14 days in advance.
**************************************************************************** Tentative for 5/11/17:
The Court has reviewed the status report filed on 4/26/17 [Dk. 224]. This matter is CONTINUED to 6/19/17 at 10:00 a.m.
**************************************************************************** Tentative for 12/1/2016:
The Court has reviewed the status report filed on 11/17/16 [Dk. 138], and will CONTINUE the status conference hearing to 1/19/17 at 11:00 a.m. to coincide with the hearing on the Debtor's Disclosure Statement.
Appearances excused.
**************************************************************************** Tentative for 9/1/16 is to set the following dates/deadlines, which are equally applicable to the jointly administered case of Favreau's Custom Woodworking, Inc., Case No. 8:16-bk-12879-SC:
10:00 AM
Deadline to file proofs of claims: October 30, 2016, with the notice to be served by no later than September 8, 2016.
Deadline to file a plan or disclosure statement: November 1, 2016.
A continued status conference: November 17, 2016 at 11:00 a.m. A status report is due 14 days in advance.
The failure to timely comply with any of the above dates/deadlines may result in the imposition of monetary or non-monetary sanctions, including dismissal or conversion of the case.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
1:30 PM
CONT'D Hearing RE: Confirmation Of Second Amended Chapter 11 Plan Dated November 2, 2016
(Confirmation set at D.S. hearing held 11/3/16)
FR: 12-15-16; (advanced from 3-16-17); 3-9-17; 6-8-17
Docket 321
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
1:30 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/2/16)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17
Docket 0
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
Siwell Inc. DBA Capital Mortgage Service of Texas vs. DEBTOR (Motion filed 5/25/17)
Re: 799 Shullo Drive, Akron, OH 44313 EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Bernadine Marie Irvin Represented By Alon Darvish
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 5/30/17)
Re: 2016 CADILLAC CTS SEDAN, VIN 1G6AR5SXXG0160384
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jeannine Williams Represented By Alec L Harshey
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing vs. DEBTOR (Motion filed 5/22/17)
(Cont. from 6/13/17)
Re: 15410 Jeanette Drive, Fontana, CA 92336 EH
(Tele. appr. Kristin Zilberstein, rep. creditor, Select Portfolio Servicing, Inc.)
Docket 31
Tentative for 6/27/17:
The Court has received and reviewed the Proof of service filed 6/13/17 [Dk. 39] and Notice of Continued Hearing filed 6/13/17 [Dk. 40] and will Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 6/13/17 is to DENY:
10:00 AM
Service is improper. The movant did not serve Chase Home Finance, LLC, which is the entity scheduled by the Debtor as the secured creditor. LBR 4001-1(c)(1)(B) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001 (emphasis added).
Debtor(s):
Phillip Michael Federico Represented By Kian Mottahedeh
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/27/17 is to APPROVE the Trustee's final report and fees requested therein and as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Joseph J. Chingari Jr. Represented By Ronald W Ask
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/27/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
James Byron White Represented By Michael D Iverson
Joint Debtor(s):
Kathryn Lynn White Represented By Michael D Iverson
Trustee(s):
Todd A. Frealy (TR) Represented By Anthony A Friedman Carmela Pagay
11:00 AM
Hrg. on Debtor's Motion to compel trustee to abandon interest in property of estate located at 3162 Ranier Street, Corona, CA 92881
EH
Docket 188
Tentative for 6/27/17 is to APPROVE.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/27/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Melton Ernest Pettit Represented By Dana Travis
Joint Debtor(s):
Joyce Kathryn Pettit Represented By Dana Travis
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
Tentative for 6/27/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Adalbert S. Baumstark Represented By John H Belton
Joint Debtor(s):
Amy E. Johnston-Baumstark Represented By John H Belton
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 5/5/17 for order approving compromise of controversy pursuant to Federal Rule of Bankruptcy Procedure 9019
(Cont. from 6/6/17) EH
Docket 26
Tentative for 6/27/17 is to GRANT.
The Court has received and reviewed the Notice of Continued Hearing on Chapter 7 Trustee's Motion for Order Approving Compromise of Controversy Pursuant to Federal Rule of Bankruptcy Procedure 9019, filed on 6/5/17 [Dk. 36], and the attached copy of the Settlement Agreement.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
******************************************************************************* Tentative for 6/6/17:
The Court notes that although the Motion references an Agreement attached as Exhibit 1, no such Exhibit 1 is attached. Accordingly, this matter is CONTINUED to 6/27/17, at 11:00 a.m. Movant is to provide notice of the continued hearing and serve the Agreement as required by all applicable rules.
Appearances for the 6/6/17 hearing are excused.
11:00 AM
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Movant(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg. on Debtor's Motion filed 5/12/17 to vacate dismissal EH
Docket 11
Tentative for 6/27/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Aurea F Rojas Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Hrg. on CIT Bank's Motion filed 5/27/17to dismiss or convert chapter 11 case
Docket 325
- NONE LISTED -
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Adv#: 6:16-01022 Bui v. Perez
Hrg. on Defendant's Motion filed 5/10/17 For Stay Pending Appeal (Cont. from 6/7/17)
EH
(Tele. appr. Brandon Iskander, rep. trustee, Lynda T. Bui)
Docket 85
- NONE LISTED -
Debtor(s):
Isabel Tenorio Pro Se
Defendant(s):
Maria C. Perez Represented By Moises A Aviles
Plaintiff(s):
Lynda T. Bui Represented By
Elyza P Eshaghi Leonard M Shulman
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier
1:30 PM
Adv#: 6:17-01074 SchoolsFirst Federal Credit Union v. Mills-Forkner
STATUS CONFERENCE re: Complaint by SchoolsFirst Federal Credit Union against Felicia D Mills-Forkner - 523(a)(2)(A)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Felicia D Mills-Forkner Represented By Michael Smith
Defendant(s):
Felicia D Mills-Forkner Pro Se
Plaintiff(s):
SchoolsFirst Federal Credit Union Represented By
Jesse Melendrez
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Motion To Withdraw And Amend Deemed Admissions (Motion filed 5/24/17)
FR: 6-14-17; (advanced from 6-28-17 at 11:00 a.m.)
Docket 50
Tentative for 6/28/17:
The tentative ruling is to GRANT.
The Court would like to hear views on: (1) the need, if any, for further discovery resulting from the granting of this motion and now effective responses to requests for admission; and (2) the effect of the granting of this Motion on the pending motions for summary judgment filed by Plaintiff and Defendant. The Court is inclined to accommodate any reasonable extensions of the discovery and pretrial-motion cutoffs made necessary by the granting of this Motion.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
10:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Motion For Summary Judgment Or In The Alternative Summary Adjudication
(Motion filed 3/23/17) (Second Amended Motion filed 5/5/17) FR: 5-3-17
Docket 42
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
11:00 AM
Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
Hearing RE: Defendant Pruco Life Insurance Company's Cross-Motion For Partial Summary Judgment
(Motion filed 5/17/17)
Docket 48
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy
11:00 AM
Judith E Marshack Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Motion To Withdraw And Amend Deemed Admissions (Motion filed 5/24/17)
FR: 6-14-17
Docket 50
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes
11:00 AM
Kyra E Andrassy Judith E Marshack Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b) - Installments
[RE: $85.00 Installment Fee Was Due On 05-26-2017]
Docket 15
NONE LISTED -
Debtor(s):
Vilma Roca De Fuentes Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer] 2309 Daly Street, Inc. vs. DEBTOR
(Motion filed 5/26/17)
[RE: 2309 Daly Street, Los Angeles, CA 90031]
Docket 133
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with FRBP 4001(a)
waiver. The request for extraordinary relief (¶¶7, 8-12) is denied as Movant has not demontrated by admissible evidence that the granting of such relief is warranted.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Genesis Title Holding Corporation Represented By
Bert Briones
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
USAA General Indemnity Company vs. DEBTOR (Motion filed 6/8/17)
[RE: Case Name: USAA General Indemnity Company v. Julio Cesar Castillo Coose]
Docket 10
Grant pursuant to 11 U.S.C. § 362(d)(1) with FRBP 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Julio Cesar Castillo Coosemans Represented By Marlin Branstetter
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
BMW Bank Of North America vs. DEBTOR (Motion filed 5/30/17)
[RE: 2015 BMW 320i - VIN No.: WBA3B1G52FNT64704]
Docket 17
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with FRBP 4001(a)
(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jordyn Michelle Sanchez Represented By Brian C Fenn
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Weneta M. Kosmala,
Chapter 7 Trustee (Motion filed 5/26/17)
[RE: 2015 Honda Civic - VIN No.: 2HGFB2F74FH542180]
Docket 9
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with FRBP 4001(a)
(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Juan Antonio Velasco Represented By Daniel King
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Petitioners' Motion For Order Disallowing The Following Claims:
(Motion filed 3/24/16)
Claim No. 155 Deutsche Bank Trust Company Americas
$1,933,855.15
as Trustee on behalf of the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage
Pass-Through Certificates, Series 2012-C8
Claim 157 Deutsche Bank Trust Company Americas
$2,906,465.33
as Trustee on behalf of the Registered Holders of WFRBS Commercial Mortgage Pass-Through Certificates, Series 2011-C3
Claim No. 160 Deutsche Bank Trust Company Americas
$2,041,653.81
as Trustee on behalf of the Registered Holders of WFRBS Commercial Mortgage Pass-Through Certificates, Series 2012-C6
FR: 5-12-16; 6-30-16; 9-1-16; 11-3-16; 1-12-17; 4-20-17
Docket 491
- NONE LISTED -
11:00 AM
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Daily Mortgage Fund III, LP Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
11:00 AM
CONT'D Hearing RE: Petitioners' Motion For Order Disallowing The Following Claims:
(Motion filed 3/24/15)
Claim 152 U.S. Bank National Association as Trustee $9,248,337.28 on Behalf of the Registered Holders Of GS
Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 2012-GCJ9
FR: 5-12-16; 6-30-16; 9-1-16; 11-3-16; 1-12-17; 4-20-17
Docket 495
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe
11:00 AM
Ryan D ODea
D&A Daily Mortgage Fund III, LP Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
11:00 AM
CONT'D Hearing RE: Motion To Amend Findings And Make Additional Findings Pursuant To FRCP 52(b)
(Motion filed 2/7/17)
FR: 3-9-17 at 11:00 a.m.; 3-9-17 at 1:30; 4-6-17; 5-4-17
Docket 1454
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Navigators Insurance Company vs. DEBTOR
(Motion filed 5/25/17) (Amended Motion filed 5/31/17)
[RE: Case Name: Michael Favreau & Favreau's Custom Woodworking Inc. v Nagivators Ins. Co. And Proworks, Inc. dba Proworks Insurance Services]
[Docket No.: 30-2016-0085896-CU-IC-CJC]
[Pending In: Orange County Superior Court]
Docket 242
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
CONT'D Hearing RE: Motion For Order Approving Amended Disclosure Statement As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(a)(1)(b)
(D.S. Filed 3/29/17) FR: 5-11-17
Docket 68
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Motion By United States Trustee To Dismiss Case Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(b); And Request For Judgment For Quarterly Fees Due and Payable To The U.S.
Trustee At The Time Of The Hearing (Motion filed 5/18/17)
Docket 18
Tentative for 6/29/17:
The United States Trustee filed a motion to dismiss based upon Debtors' failure to comply with the United States Trustee's requirements. Debtors filed an Opposition on 6/15/17 [Dk. 32] arguing that they have made significant progress (they've opened a DIP account and have insurance) and expect to be in full compliance with all requirements. Debtors do not submit a declaration in support of the Opposition.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17) FR: 6-15-17
Docket 0
Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
*********************************************************************************** Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
11:00 AM
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
9:30 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
CONT'D Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
(Date Reserved per Order Entered 1/17/17 - docket no. 532]
FR: 4-17-17; 5-8-17; 6-12-17
Docket 532
Tentative for 7/10/17:
This matter is continued to August 23, 2017. at 9:30 a.m.
Appearances are excused.
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally
9:30 AM
Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Theron Covey, Esq. - movant attorney Motion for Relief from Stay
PennyMac Loan Services, LLC vs. DEBTOR (Motion filed 6/15/17)
Re: 34133 Hillside Drive, Lake Elsinore, CA 92532 EH
Docket 23
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver. The request for relief under §362(d)(2) is denied as equity exists.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Lorena Velasquez Represented By Michael R Totaro
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Prober & Raphael, a Law Corporation - movant attorney Quicken Loans Inc. vs. DEBTOR
(Motion filed 6/12/17)
Re: 3721 Deer Lick Spring Rd,Douglas City, California 96024 EH
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Anne Marie Sparby Represented By Christopher Hewitt
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
Christina Trust, a Division of Wilmington Savings Fund Society, FSB vs.
DEBTOR, Charles W. Daff, chapter 7 trustee (Motion filed 6/14/17)
Re: 5035 Cherrywood Drive, Oceanside, CA 92056 EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver and extraordinary relief as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
John Robert Smith Represented By
C Scott Rudibaugh
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Daimler Trust vs. DEBTOR, Robert Whitmore, trustee (Motion filed 6/8/17)
Re: 2015 MERCEDES-BENZ SLK 250, VIN WDDPK4HA8FF113820
EH
Docket 21
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Paul Gerard Sirimarco Represented By Steven T Gubner
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/1/17 Objection to Claim Number 24 filed by Claimant Ma Williams Manufactured Homes, Inc.
EH
Docket 151
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/1/17 Objecting to Claim Number 26 filed by Claimant Land Home Construction, Inc.
EH
Docket 152
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/1/17 Objecting to Claim Number 33 by Claimant Gateway Residential
EH
Docket 153
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/1/17 Objecting to Claim Number 38 by Claimant Gateway Care Center
EH
Docket 154
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/5/17 Objecting to Claim Number 34 by Claimant Firwood Gardens
EH
Docket 159
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/5/17 Objecting to Claim Number 44 by Claimant R Rated Motorsports
EH
Docket 160
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Objection to Claims #2 filed by Sheffield Financial EH
Docket 36
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nicolas Rodriguez Cornejo Pro Se
Trustee(s):
Robert Whitmore (TR) Represented By Todd L Turoci Julie Philippi
11:00 AM
Hrg on Creditor Judgment Recovery Assistance, LLC's Motion for Determination of Dischargeability
EH
Docket 48
Tentative for 7/11/17:
The Court has considered the Motion, the Opposition, and the Reply.
The Court is inclined to consider the Motion as an action for declaratory relief for determination of the dischargeability of the debt owed to Douglas Earl as assigned to Judgment Recovery Assistance, LLC, pursuant to 11 U.S.C. §523 (a)(15).
The Court is mindful of the Debtor’s point that this contested matter should be brought in the form of an adversary proceeding and subject to Part VII of F.R.B.P.
Pursuant to F.R.B.P. 9014 (c), this Court directs that Part VII of F.R.B.P. applies.
During the hearing on 7/11/17, the parties shall advise the Court of their intentions to proceed, as this matter is now officially an adversary proceeding.
Debtor(s):
Enrique Rodriguez Represented By Thomas J Polis
11:00 AM
Joint Debtor(s):
Susan Rodriguez Represented By Thomas J Polis
Trustee(s):
Helen R. Frazer (TR) Pro Se
11:00 AM
Hrg on Chapter 7 Trustee's Motion for Turnover EH
Docket 23
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Maria Hazhel Ylagan Cosico Represented By Nathan Fransen
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
11:00 AM
Hrg. on Approval of Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 7/11/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Estela Lopez Represented By
Luis Aguilar
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 7/11/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Francisco Javier Navarro Represented By
James Geoffrey Beirne
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Objection filed 6/5/17 to Claim #3 filed by Law Office of Richard K. Isles, APLC
EH
Docket 26
Tentative for 7/11/17 is to CONTINUE to 8/22/17 at 11:00 a.m. to allow the Trustee to effectuate proper service:
Service is improper. The Trustee did not serve the Claimant, a corporation, to the attention of an officer, managing or general agent or to any other authorized agent. As noted in this Court's procedures set forth on the Court's website, this Court requires service of claim objections to comply with FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Appearances are excused for the 7/11/17 hearing.
Debtor(s):
Neal Adams Represented By
Jeremiah D Raxter
Joint Debtor(s):
Masina Giavatto Represented By
11:00 AM
Trustee(s):
Jeremiah D Raxter
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg on motion to extend dismissal and discharge deadlines EH
Docket 30
- NONE LISTED -
Debtor(s):
Mario Antonio Garcia Sr. Represented By Marcus Gomez
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Marcus Gomez
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 6/19/17 to Continue Hearing On Fourth Motion To Continue Evidentiary Hearing On Order To Show Cause Why Timothy Reed, Nancy Jin, The Howard Law Firm, And Vincent Howard Should Not Be Sanctioned $2,000.00 Jointly And Severally And Ordered To Disgorge Fees
EH
Docket 194
Tentative for 7/11/17 is to GRANT and CONTINUE this matter to October 17, 2017 at 11:00 a.m.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Hrg. on CIT Bank's Motion filed 5/27/17to dismiss or convert chapter 11 case (Cont. from 6/27/17)
Docket 325
- NONE LISTED -
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Hrg. on Judgment creditor Motion filed 6/8/17 for Assignment Order EH
Docket 229
Tentative for 7/11/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rancho Housing Alliance, Inc. Represented By Michael B Reynolds Brett Ramsaur
10:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
(S/C set at R/S hearing held 6/14/17) FR: 4-20-17; 6-14-17
Docket 0
Tentative for 7/11/17:
None listed.
**************************************************************************** Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
Debtor(s):
John Jean Bral Represented By
10:00 AM
Beth Gaschen
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 5/12/17 Between Debtor and Wells Fargo Dealer Services, in the amount of $12,881.89
Re: 2013 Ford Mustang
Docket 19
- NONE LISTED -
Debtor(s):
Lynn Gibbs Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 5/4/17 between Debtor and Capital One Auto Finance, a Division of Capital One, N.A. in the amount of
$19,085.26
Re: 2014 Chrysler Town Country Wagon EH
Docket 17
- NONE LISTED -
Debtor(s):
Tyreece J King Represented By Stephen H Darrow
Joint Debtor(s):
Tiffany L King Represented By Stephen H Darrow
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 5/4/17 between Debtor and American Honda Finance Corporation in the amount of $22,208.87
Re: 2017 Honda Fit
EH
Docket 14
- NONE LISTED -
Debtor(s):
Angela Maria Burkett Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 6/13/17 Between Debtor and Toyota Motor Credit Corporation, in the amount of $24,524.55
Re: 2015 Toyota Tacoma
Docket 15
- NONE LISTED -
Debtor(s):
Sofia Miranda Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 5/4/17 between creditor OneMain Financial Services and Debtors in the amount of $1,318.43
Re: Personal Property EH
Docket 11
- NONE LISTED -
Debtor(s):
Arturo Aleman Sr Pro Se
Joint Debtor(s):
Hilaria Lucy Aleman Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $15,942.20
Re: 2014 Kia Soul
Docket 14
- NONE LISTED -
Debtor(s):
Arturo Aleman Sr Pro Se
Joint Debtor(s):
Hilaria Lucy Aleman Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 5/15/17 Between Debtor and Water and Power Community Credit Union, in the amount of $2429.15
Re: Signature Loan
Docket 10
- NONE LISTED -
Debtor(s):
Fredajean Ann Trujillo Represented By Michael E Clark
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 6/27/17 Between Debtor and US Bank NA, in the amount of $5,026.87
Re: 2007 Jeep Grand Cherokee
Docket 10
NONE LISTED -
Debtor(s):
Leticia Ferrer Represented By
Yolanda Flores-Burt
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:16-01244 Whitmore v. Rodriguez et al
STATUS CONFERENCE re Complaint by Robert Whitmore against Ernest Rodriguez, Angelica Rodriguez.(Recovery of money/property - 548 fraudulent transfer)
(Cont. from 4/19/17) EH
Docket 1
NONE LISTED -
Debtor(s):
Nicolas Rodriguez Cornejo Represented By Mona V Patel
Defendant(s):
Ernest Rodriguez Pro Se
Angelica Rodriguez Pro Se
Plaintiff(s):
Robert Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01081 United States Trustee for the Central District of v. Ott
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Terry Ott Objecting To Discharge Or, Alternatively, Seeking Dismissal Of Case For Abuse With Prejudice (727(c),(d), (e))
EH
Docket 1
Tentative for 7/12/17 is to CONTINUE this matter to October 4, 2017 at 1:30
p.m. as a holding date. The United States Trustee is to file its motion for default judgment by no later than August 15, 2017.
Appearances for the 7/12/17 hearing are excused.
Debtor(s):
Terry Ott Pro Se
Defendant(s):
Terry Ott Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Abram Feuerstein esq
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01022 Whitmore v. E*Trade Securities, LLC
STATUS CONFERENCE re: Complaint by Robert Whitmore against E*Trade Securities, LLC (Recovery of money/property - 542 turnover of property)
(Cont. from 4/19/17) EH
Docket 1
Tentative for 7/12/17 is to CONTINUE this matter to October 4, 2017 at 1:30
p.m. as a holding date.
Appearances for the 7/12/17 hearing are excused.
*************************************************************************** Tentative for 4/19/17:
The Court has received and reviewed the Unilateral Report filed 4/5/16 [Dk. 5] and will CONTINUE this matter to July 12, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Maria Hazhel Ylagan Cosico Represented By Nathan Fransen
Defendant(s):
E*Trade Securities, LLC Pro Se
1:30 PM
Plaintiff(s):
Robert Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
1:30 PM
Adv#: 6:16-01217 Blatman et al v. Castellanos
STATUS CONFERENCE re: Determination of Nondischargeability of debt pursuant to 11 U.S.C. §523(a)(19)
(Cont. from 1/18/17) EH
(Hrg. to be held in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701)
Docket 0
NONE LISTED -
Debtor(s):
Jose Luis Castellanos Jr. Represented By Christopher Hewitt
Defendant(s):
Connie Castellanos Pro Se
Joint Debtor(s):
Connie Castellanos Represented By Christopher Hewitt
Plaintiff(s):
Hal Blatman Represented By
Eric A Mitnick
Pamela Bridgen Represented By
1:30 PM
Trustee(s):
Eric A Mitnick
Steven M Speier (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Wells Fargo Bank, N.A., d/b/a/ Wells Fargo Dealer Services
(Motion filed 6/16/17)
[TA CASE]
[RE: 2010 Toyota Corolla-4cyl - Amount: $7,167.99] [VIN No.: 2T1BU4EEXAC450724]
Docket 10
NONE LISTED -
Debtor(s):
Barbara Mead Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Motion For Approval Of Reaffirmation Agreement With 21st Mortgage Corporation
(Motion filed 6/7/17)
[RE: 1997 Skyline Manufactured Home - Amount: $14,752.44]
Docket 9
NONE LISTED -
Debtor(s):
Aliza Du Represented By
Anil Bhartia
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtors and Wilshire Consumer Credit
(Reaffirmation filed 6/8/17)
[CB Case]
[RE: 2012 Jeep Wrangler Unlimited Sahara - $19,385.61] [VIN No: 1C4BJWEG4CL172100]
Docket 18
NONE LISTED -
Debtor(s):
Keith Brian Howard Pro Se
Joint Debtor(s):
Charlene Howard Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ford Motor Credit Company LLC
(Motion filed 6/9/17)
[RE: 2014 Ford Fusion - Amount: $8,805.63] [VIN No.: 3FA6P0HD7ER150536]
Docket 13
NONE LISTED -
Debtor(s):
Daniel Lee Murray Represented By Daniel King
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ally Bank (Motion filed 6/15/17)
[RE: 2012 Kia Optima - Amount: $14,592.33] [VIN No.: 5XXGN4A79CG075026]
Docket 7
NONE LISTED -
Debtor(s):
Jacqueline Campos Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtors And Wells Fargo Financial National Bank
(Reaffirmation filed 6/8/17)
[CB Case]
[RE: Items Purchased From Jewelers Touch $777.24]
Docket 14
NONE LISTED -
Debtor(s):
Kasey Marie Agapinan Represented By Sean S Vahdat
Joint Debtor(s):
Travis J Agapinan Represented By Sean S Vahdat
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Infiniti Financial Services
(Motion filed 5/17/17)
[RE: 2013 Infiniti JX35 - Amount: $12,849.30] [VIN No.: 5N1AL0MN5DC328998]
Docket 13
NONE LISTED -
Debtor(s):
Aaron Roberts Represented By Anerio V Altman
Joint Debtor(s):
Ghea Roberts Represented By Anerio V Altman
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
Hearing RE: Defendant Jaime Xavier Coronado's Motion To Dismiss Adversary Proceeding
(Motion filed 5/16/17)
Docket 5
NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Am Thi Le Represented By
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Mark John Le Represented By
David Wood
Franz Wagner Represented By David Wood
11:00 AM
Ron Dewalt Represented By
David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11
U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16) (PTC set at S/C held 5/11/16)
FR: 5-11-16; 10-19-16; 12-14-16; 4-19-17
Docket 1
- NONE LISTED -
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:15-01421 Marshack v. Sunwize Technologies, Inc. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 10/19/16)
[The following defendants, Sunwize LLC; Sunwize Home LLC; Sunwize Power & Battery, LLC; and Islandwide Solar, LLC were dismissed with prejudice per Order Entered 1-4-16 - Docket No. 11]
FR: 3-9-16; 3-15-16; 8-17-16; 10-19-16 (advanced from 5-17-17); 5-3-17;
(advanced from 7-19-17)
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Sunwize Technologies, Inc. Pro Se
MCA Financial Group, Ltd. by and Represented By
Jeffrey L Sklar
11:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc., dba Chrysler Capital vs. DEBTOR (Motion filed 6/9/17)
[RE: 2015 Dodge Charger - VIN No.: 2C3CDXCT3FH907172]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gianna Shakira Quintero Represented By Joseph M Tosti
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Amended Motion for relief from stay [Personal Property]
Unify Financial Federal Credit Union f/k/a Western Federal Credit Union vs. DEBTOR
(Motion filed 6/14/17) (Amended Motion filed 6/15/17)
[RE: 2013 BMW 5 Series - VIN No.: WBAXG5C56DD234198]
[Tele. appr., Brett P. Ryan, repr., Unify Financial Credit Union]
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested (non-opposition filed by Debtor on 6/20/17 [Dk. 15]). Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Laura Perez Represented By
Michael N Nicastro
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
First Tech Federal Credit Union vs. DEBTOR (Motion filed 6/7/17)
[RE: 2016 GMC Yukon XL - VIN Number: 1GKS2FKC8GR200521]
[Tele. appr., Nichole L. Glowin, repr., First Tech Federal Credit Union]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jaclyn Michelle Townsend Represented By Kevin J Kunde
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates,
Series 2007-AMC4, U.S. Bank National Association As Trustee (Motion filed 6/26/17)
[RE: 27401 Via Caudaloso, Mission Viejo, CA 92692]
[Tele. appr., Theron S. Covey, III, repr., Citigroup Mortgage Loan Trust Inc.]
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Philip J. Battaglia Represented By Joseph M Tosti
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Equity Residential Management, LLC vs. DEBTOR (Motion filed 6/28/17)
[RE: 24842 Hidden Hills Road., #O, Laguna Beach, CA 92677]
Docket 10
Tentative for 7/13/17 is to CONTINUE to 8/17/17 at 10:00 a.m. to allow Movant to provide proper notice.
This Court, as set forth on the website, requires telephonic notice as a prerequisite for hearings on shortened time for motions for relief from stay. Here, Movant did not provide telephonic notice. See, Amended Proof of Service filed 6/28/17 [Dk. 11].
Appearances for the 7/13/17 hearing are excused.
Debtor(s):
Regina M Gettys Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 4/9/13) (Plan Confirmed on 9/13/13)
(Set per Order Entered 9-13-13)
FR: 1-9-14; 5-8-14; 12-11-14; 5-21-15; 11-19-15; 5-5-16; 5-12-16; 11-17-16; 12-
1-16
Docket 1
Tentative for 7/13/2017:
The Court has received and reviewed the post-confirmation status report dated 6/29/2017 [Dk. 659] and will CONTINUE this status conference to 11/16/2017 at 11:00 a.m.
Appearances are excused.
**************************************************************************** Tentative for 12/1/2016:
The Court has received and reviewed the post-confirmation status report dated 11/2/2016 [Dk. 653] and will CONTINUE this status conference to 7/13/2017 at 11:00 a.m.
Appearances are excused.
****************************************************************************************
****
Tentative for 5/12/2016:
The Court has received and reviewed the post-confirmation status report dated 4/28/16 [Dk. 637] and will CONTINUE this status conference to
11:00 AM
November 17, 2016 at 11:00 a.m. Appearances are excused.
****************************************************************************** Tentative for 11/19/2015:
The Court has received and reviewed the post-confirmation status report dated 11/16/2015 [Dk. 629] and will CONTINUE this status conference to May 5, 2016 at 10:00 a.m.
Appearances at the 11/16/2015 status conference are excused.
***************************************************************************** Tentative for 5/21/2015:
The Court has received and reviewed the status report dated 5/7/2015 [Dk. 596], and will CONTINUE this status conference to November 19, 2015 at 11:00 a.m.
Appearances at the 5/21/2015 status conference are excused.
***************************************************************************** Tentative for 12/11/2014:
The Court has received and reviewed the status report dated 11/21/2014 [Dk. 494], and will CONTINUE this status conference to May 21, 2015 at 11:00 a.m.
Appearances at the 12/11/2014 status conference are excused.
************************************************************************** Tentative for 5/8/14:
The Court has reviewed the status reports filed by the Oversight Committee [Dk. 473] and the Debtors [Dk. 474] and will CONTINUE this matter to
11:00 AM
December 11, 2014 at 11:00 a.m. A status report is due 14 days in advance. Appearances are excused.
****************************************************************************** Tentative for 1/9/14 is to CONTINUE to 5/8/14 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 9/12/13:
None listed.
******************************************************************************** Tentative for 6/20/13 is to CONTINUE the status conference to September 12, 2013 at 11:00 a.m. A status report, detailing only the events which have transpired since the 6/20/13 status conference, is due 14 days in advance.
Appearances are excused.
Debtor(s):
Evergreen Oil, Inc. Represented By Allan D Sarver
Heather M McKeon
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 6/23/15)
FR: 8-20-15; 2-11-16; 3-3-16; 7-21-16; 11-17-16; 12-1-16, 5-11-17
Docket 1
- NONE LISTED -
Debtor(s):
Local Corporation, a Delaware Represented By Marc J Winthrop
Garrick A Hollander Peter W Lianides Andrew B Levin Amelia Puertas-Samara
11:00 AM
Adv#: 8:17-01053 County Of Orange v. California Hispanic Commission on Alcohol and Drug
STATUS CONFERENCE RE: Complaint For Determination Of Dischargeability Of Debt
(Complaint filed 4/17/17)
Docket 1
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
Defendant(s):
California Hispanic Commission on Pro Se
Plaintiff(s):
County Of Orange Represented By James C Harman
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/516
FR: 1-19-17; 4-20-17; 6-15-17
[Tele. appr., Andrew A. Moher, repr., Victor Lamarr James]
Docket 0
Tentative for 7/13/17:
In light of the Court's tentative to grant Debtor's motion to dismiss (see calendar item #8 on the 7/13/17 calendar), this matter will go off calendar.
***************************************************************************** Tentative for 6/15/17:
The Court has read the status report filed 6/1/17 [Dk. 107] and notes the filing of the Motion to Dismiss on 6/12/17 [Dk. 111]. The Court will CONTINUE this status conference to 7/13/17 at 11:00 a.m. to coincide with the hearing on the Motion to Dismiss.
Appearances for the 6/15/17 hearing are excused.
*************************************************************************** Tentative for 4/20/17:
The Court has received and reviewed the Status Conference Statement filed on 4/6/17 [ Dk. 81] and will CONTINUE this matter to June 15, 2017 at 11:00
a.m. to coincide with the hearing on the Debtor's disclosure statement. A status report is due 14 days in advance.
11:00 AM
Appearances are excused.
*************************************************************************** Tentative for 1/19/17:
The Court is in receipt of the Debtor's late-filed status conference report. The report was due on 1/5/17 pursuant to the order entered 12/7/16 [Dk. 5], however it was filed a week late on 1/12/17 [Dk. 47] without explanation.
Further, the report [Dk. 47] and accompanying declaration [Dk. 48] do not provide a line-item budget as required by the order entered 12/7/16 [Dk. 5] (the prior filing of a cash collateral motion or a MOR do not comply with the Court's requirement).
The Court is inclined to sanction Debtor's counsel $50.00 for the late filing. The Court will set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: March 3, 2017 as proposed by Debtor in the status report [Dk. 47].
Deadline to file objections to claims and avoidance actions: March 31, 2017 [Note: Debtor proposed March 3, 2017 in the status report; however, the Court will set March 31, 2017 as the date].
Debtor's counsel's employment application was denied for failure to follow all applicable local rules. Debtor's counsel is to file a new employment application by no later than January 31, 2017.
Appearances required.
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
Hearing RE: Motion By Debtor-In-Possession For Dismissal Of Chapter 11 Case
(Motion filed 6-12-17)
[Tele. appr., Andrew A. Moher, repr., Victor Lamarr James]
Docket 111
Tentative for 7/13/17 is to GRANT.
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17)
Docket 0
Tentative for 7/13/17:
The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
11:00 AM
CONT'D Hearing RE: Debtor's Omnibus Motion For Order Disallowing Certain Claims Filed Against The Debtor's Estate
(Motion filed 4/7/16)
[SET NO. ONE (1)]
Claim No. 70 Ohio Commerce Center $1,059,848.11 TIC Owners, 1-13 and 15-28)
FR: 7-21-16; 10-13-16; 12-15-16; 1-19-17; 3-16-17; 5-11-17
Docket 646
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 4/1/15)
FR: 6-4-15; 10-8-15; 11-5-15; 2-4-16; 4-7-16; 5-12-16; 8-18-16; 1-12-17; 4-20-
17
Docket 1
- NONE LISTED -
Debtor(s):
Joe R. Martinez Represented By
M Jonathan Hayes Roksana D. Moradi
11:00 AM
Hearing RE: Motion To Disallow Claim:
(Moton filed 6/8/17)
Claim No. 4-1 Internal Revenue Service $64,309.72
Docket 0
NONE LISTED -
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
CONT'D Hearing RE: Motion For Order Disallowing Claim Against The Debtor: (Motion filed 5/1517)
Claim No. 11 Charles Bogner $9,305.15 FR: 6-15-17
Docket 234
NONE LISTED -
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses For The Period From February 15, 2017 Through June 14, 2017
(Application filed 6/22/17)
[RE: WINTHROP LAW GROUP - Special Insurance Litigation Counsel For Debtors And Debtors-In-Possession]
[Fees: $25,440.00; Expenses: $1,629.13]
Docket 276
Tentative for 7/13/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses:
(Application filed 6/22/17)
For The Period From February 1, 2017 Through And Including May 31, 2017:
[RE: WINTHROP COUCHOT, A PROFESSIONAL CORPORATION - Former
General Insolvency Counsel For The Debtor] [Fees: $95,082.00; Expenses: $4,650.30]
For The Period From April 1, 2017 Through May 31, 2017
[RE: WINTHROP COUCHOT GOLUBOW HOLLANDER, LLP - General
Insolvency Counsel For Debtor And Debtor-In-Possession] [Fees: $50,157.00; Expenses: $4,796.93]
Docket 277
Tentative for 7/13/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
11:00 AM
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses For The Period From January 1, 2017 Through May 30, 2017
(Application filed 6/22/17)
[RE: CALL & JENSEN, A PROFESSIONAL CORPORATION - Special
Litigation Counsel For Debtors And Debtors-In-Possession] [Fees: $49,663.50; Expenses: $5,337.01]
Docket 275
Tentative for 7/13/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses For The Period From February 11, 2017 Through June 21, 2017
(Application filed 6/22/17)
[RE: GOE & FORSYTHE, LLP - Attorneys For Debtor] [Fees: $34,630.50; Expenses: $286.21]
Docket 274
Tentative for 7/13/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
1:30 PM
Hrg. on Debtor's Emergency motion filed 7/12/17 Approving Sale of 67717 Elizabeth Road, Cathedral City, California for the Amount of $577,000 Free and Clear of Liens, Claims, or Interest Pursuant to 11 U.S.C. Section 363(f)
EH
[Tele. appr., Russell M. DePhillips, repr., Ralph Harmer Goodell and Self Reliance, Inc.]
Docket 12
Tentative for 7/13/17:
All counsel are requested to bring their own hard copy of the bankruptcy code. An electronic copy will not suffice.
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
2:30 PM
Hrg. on Debtors' Emergency motion filed 7/13/17 for Order Authorizing Payment of Prepetition Wages, Employee Benefits, Taxes, and Related Expenses
EH
Docket 13
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
2:30 PM
Hrg. on Debtors' Emergency motion filed 7/13/1 for Order Prohibiting Utility Service Providers From Altering, Refusing, or Discontinuing Service and Deeming Utility-Service Providers Adequately Assured of Payment
EH
Docket 14
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
2:30 PM
Hrg. on Debtors' Emergency motion filed 7/13/17 for Order Approving Joint Administration of Cases and Reassignment of Related Case
EH
Docket 16
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
1:00 PM
Hrg. on Order to Show Cause re Civil Contempt, and for an Order Holding Onepoint Human Capital Management Inc. and Saashr-Kronos in Civil Contempt
EH
(Cont. from 2/2/17)
Docket 111
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Movant(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
1:30 PM
Adv#: 6:15-01326 Frazer v. Dorati et al
PRE-TRIAL CONFERENCE re Complaint by Helen R. Frazer against Austin Dorati, Brooke Dorati. (Charge To Estate). for: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 2) Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code
§§3439.04, 3439.05, 3439.07]; 3) Avoidance of Preferential Transfers and
Recovery of Same [11 U.S.C. §§ 547, 550]; 4) Disallowance of Claims [11
U.S.C. §502(d)]; 5) Unjust Enrichment [11 U.S.C. §105]; 6) Declaratory Relief [11 U.S.C. § § 547, 548, FRBP 7001(9)]; and 7) Turnover [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))
EH
Docket 1
Debtor(s):
Gustavo Daniel Dorati Represented By Christopher C Barsness
Defendant(s):
Brooke Dorati Pro Se
Austin Dorati Pro Se
Plaintiff(s):
Helen R. Frazer Represented By
1:30 PM
Trustee(s):
Elyza P Eshaghi
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
STATUS CONFERENCE re: Complaint by BROWNIE TRADING INC., Goon
Chou Chan against Jackie Cam, an individual, Alan Mok, an individual, EE Shun Ling, an individual, Vansy Thaopaset, an individual, and DOES 1-20, inclusive
(Cont. from 4/5/17) EH
Docket 1
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Alan Mok Pro Se
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By Mary M Sun
1:30 PM
Trustee(s):
Jason Chuan
Howard B Grobstein (TR) Pro Se
11:00 AM
Adv#: 8:15-01421 Marshack v. Sunwize Technologies, Inc. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 10/19/16)
[The following defendants, Sunwize LLC; Sunwize Home LLC; Sunwize Power & Battery, LLC; and Islandwide Solar, LLC were dismissed with prejudice per Order Entered 1-4-16 - Docket No. 11]
FR: 3-9-16; 3-15-16; 8-17-16; 10-19-16 (advanced from 5-17-17); 5-3-17
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
MCA Financial Group, Ltd. by and Represented By
Jeffrey L Sklar
Sunwize Technologies, Inc. Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
9:30 AM
Hearing RE: Order To Appear And Show Cause Why This Case Should Not Be Dismissed Or Converted.
(Set per Order Entered 6-19-17)
Docket 0
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
9:30 AM
CONT'D Hearing RE: Confirmation Of Second Amended Chapter 11 Plan Dated November 2, 2016
(Confirmation set at D.S. hearing held 11/3/16)
FR: 12-15-16; (advanced from 3-16-17); 3-9-17; 6-8-17; 6-19-17
Docket 321
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
9:30 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/2/16)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17; 6-
19-17
Docket 0
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
9:30 AM
Adv#: 8:15-01129 ISC8 Inc. v. Donner et al
TRIAL RE: Complaint: (1) Objecting To Proof Of Claim No. 72 Filed By Bradley Donner And Michelle Donner And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien (s)
(Complaint filed 3/18/15) (Alias summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(Trial set at PTC held 3/16/17)
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-
17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Michelle Donner Represented By J Scott Bovitz
Bradley Donner Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
9:30 AM
9:30 AM
Adv#: 8:15-01130 ISC8 Inc. v. Bradley J Donner PSP
TRIAL RE: Complaint: (1) Objecting To Proof Of Claim No. 73 Filed By Bradley J. Donner PSP And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s) (Complaint filed 3/18/15) (Alias Summons issued 3/20/15)
(PTC set at S/C held 7/2/15) (Trial set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Bradley J Donner PSP Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
9:30 AM
Hrg. on Debtors' Emergency motion filed 7/13/17 for Order Prohibiting Utility Service Providers From Altering, Refusing, or Discontinuing Service and Deeming Utility-Service Providers Adequately Assured of Payment
(Cont. from 7/14/17) EH
Docket 14
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
9:30 AM
Adv#: 8:15-01129 ISC8 Inc. v. Donner et al
CONT'D TRIAL RE: Complaint: (1) Objecting To Proof Of Claim No. 72 Filed By Bradley Donner And Michelle Donner And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(Trial set at PTC held 3/16/17)
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 7-24-
17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Michelle Donner Represented By J Scott Bovitz
Bradley Donner Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
9:30 AM
9:30 AM
Adv#: 8:15-01130 ISC8 Inc. v. Bradley J Donner PSP
CONT'D TRIAL RE: Complaint: (1) Objecting To Proof Of Claim No. 73 Filed By Bradley J. Donner PSP And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s) (Complaint filed 3/18/15) (Alias Summons issued 3/20/15)
(PTC set at S/C held 7/2/15) (Trial set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17; 7-
24-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Bradley J Donner PSP Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
9:30 AM
Adv#: 8:15-01129 ISC8 Inc. v. Donner et al
CONT'D TRIAL RE: Complaint: (1) Objecting To Proof Of Claim No. 72 Filed By Bradley Donner And Michelle Donner And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(Trial set at PTC held 3/16/17)
[HOLDING DATE]
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 7-24-
17; 7-25-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Michelle Donner Represented By J Scott Bovitz
Bradley Donner Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
9:30 AM
Michael W Davis
9:30 AM
Adv#: 8:15-01130 ISC8 Inc. v. Bradley J Donner PSP
CONT'D TRIAL RE: Complaint: (1) Objecting To Proof Of Claim No. 73 Filed By Bradley J. Donner PSP And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s) (Complaint filed 3/18/15) (Alias Summons issued 3/20/15)
(PTC set at S/C held 7/2/15) (Trial set at PTC held 3/16/17)
[HOLDING DATE]
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17; 7-
24-17; 7-25-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Bradley J Donner PSP Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for relief from stay
Nissan Motor Acceptance Corporation vs DEBTOR (Motion filed 6/23/17)
RE: 2016 NISSAN ALTIMA, VIN # 1N4AL3AP2GC206881
EH
Docket 8
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jonathan James Robson Represented By Mark A Pahor
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS, Arturo Cisneros, trustee (Motion filed 6/26/17)
Re: 2015 Nissan Frontier Crew, VIN 1N6AD0ER1FN731609 EH
Docket 17
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Manuel Moreno Represented By Patricia M Ashcraft
Joint Debtor(s):
Debra Moreno Represented By
10:00 AM
Trustee(s):
Patricia M Ashcraft
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 7/7/17)
Re: 2013 Hyundai Sonata VIN: 5NPEB4ACXDH637986
EH
Docket 10
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ronald Scott Represented By
Patricia M Ashcraft
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Clerkin, Sinclair & Mahfouz, LLP - movant attorney Motion for Relief from Stay
Pennsylvania Lumbermens Mutual Insurance Company vs. DEBTOR (Motion filed 7/10/17)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 13
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carl Bradley Coulson Represented By Miguel A Valente
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Barry Lee O'Connor APLC - movant attorney Motion for Relief from Stay
Taik Young Kim vs. DEBTOR (Motion filed 7/7/17)
Re: 15409 Lindero St, Victorville, CA 92395 EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
NONE LISTED -
Debtor(s):
Tommy Mitchell Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
10:00 AM
Roquemore, Pringle & Moore, Inc. - movant attorney Motion for Relief from Stay
RLH Distribution Services, Inc. vs DEBTOR (Motion filed 7/19/17)
(OST signed 7/20/17)
RE: 3788 Milliken Avenue Unit D, Mira Loma, CA 91752 EH
Docket 10
NONE LISTED -
Tentative for 8/1/17 is to GRANT with 4001(a)(3) waiver, extraordinary relief and annulment as requested
Debtor(s):
RLH Distribution Services, Inc. Represented By Marjorie M Johnson
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 54
NONE LISTED -
Tentative for 8/01/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Gordon F LaPointe Represented By Carolyn J Schauf
Joint Debtor(s):
Gail E LaPointe Represented By Carolyn J Schauf
Trustee(s):
Howard B Grobstein (TR) Represented By Alan I Nahmias Scott H Noskin
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
Docket 70
NONE LISTED -
Tentative for 8/01/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on United States Trustee's Second Motion filed 11/7/16 to continue evidentiary hearing on Order to Show Cause why Timothy Reed, Nancy Jin, The Howard Law Firm, and Vincent Howard should not be sanctioned $2,000.00 jointly and severally and ordered to disgorge fees
(Cont. from 7/18/17) EH
Docket 140
NONE LISTED -
NONE LISTED -
Debtor(s):
Mario E. Najarro Represented By Timothy Reed
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 43
NONE LISTED -
Tentative for 8/01/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jorge Luis Palafox Represented By James P Doan
Joint Debtor(s):
Patricia Palafox Represented By James P Doan
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/30/17 to approve compromise Between Helen R. Frazer, Chapter 7 Trustee, and Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust
EH
Docket 81
NONE LISTED -
NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
NONE LISTED -
Tentative for 8/01/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Lewis J. Sorsby Jr. Represented By Julie J Villalobos
Joint Debtor(s):
Eleanor Sorsby Represented By Julie J Villalobos
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. set on Status Conference re Chapter 7 Involuntary Petition Against a Non- Individual. LLC : R Goodell and Self Reliance (attorney Russell M De Phillips), RMC Construction Inc, So Cal Sandbags Inc, RMC Construction Inc, Plant Reprograhics, Luis R Martin Jr, Peter Rasinski, Luis R Martin Sr, Kevin Chandler
EH
(Tele. appr Robert Yaspan, rep. Debtor, Stanton Place)
Docket 1
NONE LISTED -
Tentative for 8/01/17 is to set the following dates/deadlines:
Discovery cutoff: November 15, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 31, 2017. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: January 23, 2018 at 1:30 p.m.
Debtor(s):
Stanton Place 2014, LLC Pro Se
11:00 AM
Hrg. on Order to Show Cause why case should not be dismissed for failure to make first installment payment
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Bryan Edward Hudson Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Hrg. on Status Conference re Post Confirmation of Chapter 11 plan (Cont. from 7/8/17)
EH
Docket 0
NONE LISTED -
Tentative for 8/01/17:
This matter is CONTINUED to August 29, 2017 at 1:30 p.m. to coincide with the hearing on CIT's motion to dismiss.
Appearances for 8/01/17 are excused.
********************************************************************************* Tentative for 12/13/2016:
The Court has reviewed the status report filed 11/29/2016 [Dk. 309] and will CONTINUE the status conference to 7/18/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************* Tentative for 7/19/16:
The Court has reviewed the status report filed 6/29/16 [Dk. 301] and will CONTINUE the status conference to 12/13/16 at 1:30 p.m. A status report is
1:30 PM
due 14 days in advance. Appearances are excused.
************************************************************************* Tentative for 3/29/2016:
None listed.
*************************************************************************** Tentative for 3/8/16:
See tentative for #13 on today's calendar.
*************************************************************************** Tentative for 1/12/16:
See tentative for #18 on today's calendar.
**************************************************************************** Tentative for 12/1/2015:
The Court has reviewed the Debtor’s status report filed 11/18/2015 [Dk. 263] as well as the statement filed by One West [Dk. 264] on 11/24/2015. The Court previously required that the status report comply with LBR 3020-1(b) (which requires detail as to post-confirmation status reports).
The Debtor's status report is deficient, and it does not comply fully with LBR 3020-1(b). For example, the Debtor has not included schedules listing "each debt" or the tax liabilities that have accrued or come due. Additionally, the Debtor did not include any projections as to her continuing ability to comply with the terms of her confirmed plan. The only statement made by the Debtor as to future payments is that she "sincerely believes that she can complete her plan as filed." The Debtor’s status report also indicates that the Debtor is experiencing financial difficulty and that she is behind on payments to her attorney.
1:30 PM
In addition to the foregoing, the Parties should be prepared to address the prejudice to One West by incurring attorney fees and costs for its repeatedly having to file motions to dismiss.
Physical appearances are required.
************************************************************************* Tentative for 11/3/2015:
The Court has received and reviewed the Debtor's postconfirmation status report [Dk. 256], which fails to comply with LBR 3020-1. The Court will CONTINUE the matter to 12/1/2015 at 1:30 p.m. to allow the Debtor to file a postconfirmation status report, which fully complies with LBR 3020-1, and which states whether the Debtor is current in her payments. The status report must be filed by 11/17/15. The Court wants to review this updated status report in connection with the motion to dismiss. If Debtor fails to provide all information required under LBR 3020-1, the Court will be inclined to DISMISS this case at the 12/1/15 status conference.
Appearances are excused.
*************************************************************************** Tentative for 10/13/2015:
This matter is CONTINUED to 11/3/15 at 1:30 p.m. to coincide with the Bank's motion to dismiss.
Appearances are excused.
*************************************************************************** Tentative for 7/7/15:
The Court has received and reviewed the post-confirmation status report filed 6/26/15 [Dk. 249] and will CONTINUE this matter to October 13, 2015 at 1:30
p.m. A status report is due 14 days in advance.
Appearances are excused.
1:30 PM
*************************************************************************** Tentative for 5/5/15:
None listed.
**************************************************************************** Tentative for 4/14/2015:
Parties are to appear and advise the Court of the status of this case, including whether the defaults have now been fully cured.
***************************************************************************** Tentative for 3/31/15:
This matter is CONTINUED to 4/14/15 at 1:30 p.m. to coincide with the continued motion to convert.
Appearances are excused.
***************************************************************************** Tentative for 11/4/14:
The Court has received and reviewed the Post-Confirmation status report filed 10/21/14 [Dk. 222]. The Post-Confirmation Status Conference is CONTINUED to March 31, 2015 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 6/17/2014:
The Court has received and reviewed the Post-Confirmation status report filed two days late, on 6/5/14 [Dk. 209]. The Court notes that the U.S. Trustee withdrew its motion to dismiss or convert this case at the June 10,
1:30 PM
2014 hearing. Accordingly, the Post-Confirmation Status Conference is CONTINUED to November 4, 2014 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 2/18/14:
The Court has received and reviewed the Post-Confirmation status report filed 2/5/14 [Dk. 200]. Accordingly, the Post-Confirmation Status Conference is CONTINUED to June 17, 2014 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 9/17/13:
The Court has received and reviewed the Post-Confirmation status report filed 9/9/13 [Dk. 198]. Accordingly, the Post-Confirmation Status Conference is CONTINUED to February 18, 2014 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 6/25/13:
The Court has received and reviewed the Post-Confirmation status report filed 6/4/13 [Dk. 186]. Accordingly, the Post-Confirmation Status Conference is CONTINUED to September 17, 2013 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
1:30 PM
********************************************************************************** Tentative for 2/19/13:
The Court has received and reviewed the Post-Confirmation status report filed 2/5/13 [Dk. 176]. Accordingly, the Post-Confirmation Status Conference is CONTINUED to June 18, 2013 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
*********************************************************************************** Tentative for 9/25/12 is as follows:
The Court has received and reviewed the Post-Confirmation status report filed 9/13/12 [Dk. 172]. Accordingly, the Post-Confirmation Status Conference is CONTINUED to February 19, 2013 at 1:30 p.m. A post-confirmation status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Hrg. on Chapter 11 Status Conference
(Order setting hearing entered 4/5/17) (Cont. from 7/18/17)
EH
Docket 0
Tentative for 8/01/17:
This matter is CONTINUED to August 29, 2017 at 1:30 p.m. Appearances are excused.
************************************************************************** Tentative for 11/15/2016:
None listed.
**************************************************************************** Tentative for 10/11/16:
The Court was unable to locate a corporate resolution authorizing this filing. Counsel should be prepared to direct the Court to the corporate resolution.
1:30 PM
If the case is not dismissed pursuant to the United States Trustee's motion to dismiss (#17 on today's calendar), the Court is inclined to sanction counsel
$100 for the failure to timely file a status report and to set the following dates/deadlines:
Notice of claims bar date: 10/23/2016 Claims bar date: 12/23/2016
Claims objection deadline: 2/23/2017
Deadline to file plan and disclosure statement: 1/15/2017
Appearances required.
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on U.S. Trustee Motion filed 3/1/17 to dismiss or convert Chapter 11 Case EH
(Clont. from 7/18/17)
Docket 98
NONE LISTED -
NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Final Hrg. on Debtors' Emergency motion filed 7/13/17 for Order Authorizing Payment of Prepetition Wages, Employee Benefits, Taxes, and Related Expenses
EH
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/5/17 Between Debtor and Credit Acceptance Corporation, in the amount of $16,013.36.
Re: 2014 Honda Civic
Docket 12
NONE LISTED -
Debtor(s):
Francisco Ramon De la Cruz Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Adv#: 6:17-01045 Delcomber v. Santiago
Hrg. on Petitioner, Brigitte Kemp's Motion Petition for Appointment of Guardian Ad Litem
(Motion filed 7/27/17) (OST signed 7/27/17)
EH
Docket 18
Tentative for 8/2/17:
No admissible evidence has been submitted to the Court in accordance with LBR 9013-1(i). The Petitioner may supply oral sworn testimony during the hearing.
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
Defendant(s):
Ruben Santiago Represented By Michael Jay Berger
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
10:00 AM
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic Sarah R Wolk
Trustee(s):
Karl T Anderson (TR) Pro Se
1:00 PM
Hrg. chapter 7 trustee's motion for an Order to Show Cause re: Civil Content and for an Order Holding Onepoint Human Capital Management Inc. in civil contempt
EH
(Cont. from 7/19/17)
Docket 111
Tentative for 8/02/2017:
Personal appearances required in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701.
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Movant(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
1:00 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
STATUS CONFERENCE re: Complaint by BROWNIE TRADING INC., Goon
Chou Chan against Jackie Cam, an individual, Alan Mok, an individual, EE Shun Ling, an individual, Vansy Thaopaset, an individual, and DOES 1-20, inclusive
(Advanced from 1:30 p.m. calendar) EH
Docket 1
NONE LISTED -
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Alan Mok Pro Se
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By
1:00 PM
Trustee(s):
Mary M Sun Jason Chuan
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
STATUS CONFERENCE re: Complaint by BROWNIE TRADING INC., Goon
Chou Chan against Jackie Cam, an individual, Alan Mok, an individual, EE Shun Ling, an individual, Vansy Thaopaset, an individual, and DOES 1-20, inclusive
(Cont. from 7/19/17) EH
Docket 1
NONE LISTED -
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Alan Mok Pro Se
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By
1:30 PM
Trustee(s):
Mary M Sun Jason Chuan
Howard B Grobstein (TR) Pro Se
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Plaintiffs' Motion To Compel Compliance With Docket 66 RE: Email Production
(Motion filed 4/10/17) (OST Entered 4-12-17)
FR: 4-19-17; 5-10-17 at 10:00 a.m.; 5-10-17 at 11:00 a.m.
Docket 82
NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Order To Show Cause RE Dismissal For Failure To Comply With Rule 1006(b) - Installments
[RE: $30.00 Remainder Of Installment Was Due On June 16, 2017]
Docket 0
NONE LISTED -
Debtor(s):
Scott D Duarte Pro Se
Joint Debtor(s):
Jaymi R Duarte Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Arvest Central Mortgage Company, Its Successors And/Or Assigns vs. DEBTORS
(Motion filed 6/29/17)
[RE: 4429 E. Azure Avenue, North Las Vegas, Nevada, 89115]
Docket 22
Tentative for 8/03/17 is to DENY.
Service is improper. The movant did not serve the entity scheduled by the Debtors, Washtenaw Mrg Co/Central Morgage Compan [sic], as required by LBR 4001-1(c)(1)(B) (requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001).
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation As Servicer For Toyota Lease Trust vs.
DEBTOR; And DANAY CARDENAS RIVERA, Non-Filing Debtor
[RE: 2016 Toyota Prius - VIN No.: JTDKARFU4G3508999]
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver as against the Debtor, only. Any relief sought specifically against "Danay Cardenas Rivera, NonFiling Debtor" is DENIED, as Danay Cardenas Rivera is not a debtor before this Court.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rosmar Hernandez Palacios Represented By Andrew S Cho
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
The Bank of New York Mellon, f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A. as Trustee for NovaStar Mortgage Funding Trust, Series 2005-3 NovaStar Home Equity Loan Asset-Backed Certificates 2005-3 vs. DEBTOR
(Motion filed 7/10/17)
[RE: 2413 East Gloria Street, West Covina, CA 91792]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver and extraordinary relief as requested.
Note: This matter appears to be uncontested. Debtor filed a non-opposition on 7/19/17 [Dk. 16]. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jerry Howard Represented By
Arlene M Tokarz
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Priscilla Ramirez vs. DEBTOR (Motion filed 6/26/17)
[RE: Case Name: Priscilla Ramirez vs. Juan Antonio Velasco, et al.] [Docket No.: 30-2017-008977943]
[Pending In: Orange County Superior Court, Central District]
Docket 12
Amended Tentative for 8/3/17:
The Court has received and reviewed the Amended Notice of Motion and Motion for Relief from the Automatic Stay filed on August 2, 2017 ("Amended Notice"). The Court notes that while the Amended Notice was not filed until the day before the hearing, the Proof of Service attached to the Amended Notice indicates it was served on June 26, 2017.
The Court cautions Movant's counsel to use greater care in the future to ensure the Court is adequately apprised of any updates in pending matters. However, as the Amended Notice appears to cure the deficiency in notice, the Court's Tentative is to GRANT pursuant to 11 U.S.C. §362(d)(1).
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
********************************************************************* Tentative for 8/3/17 is to DENY for improper notice.
10:00 AM
This matter was noticed for 8/1/17, which is not an appropriate hearing date for a Santa Ana motion for relief from stay pursuant to this Court's self- calendaring procedures. The Court's docket entry at 6/26/17 [Dk. 12] advised the Movant to provide notice of the hearing for 8/3/17 at 10:00 a.m. The docket does not reflect that proper notice was provided.
Debtor(s):
Juan Antonio Velasco Represented By Daniel King
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Prestige Financial Services vs. DEBTOR (Motion filed 6/29/17)
[RE: 2011 Mazda, CX-7; VIN No.: JM3ER2BM3B0386785]
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Regina M Gettys Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Motion for relief from stay [Personal Property]
Carmax Funding Services LLC vs. DEBTOR (Motion filed 7/6/17)
[RE: 2011 Ford Taurus - VIN No.: 1FAHP2FW7BG190451]
Docket 117
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Debtor filed a non-opposition on 7/7/17 [Dk. 119]. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Victor Lamarr James Represented By Andrew Moher
11:00 AM
Adv#: 8:17-01066 Issa v. Carden et al
STATUS CONFERENCE RE: Complaint:
To Avoid Fraudulent Transfers Of Property Under 11 U.S.C. Section 548;
To Recover Avoided Transfers;
For Disallowance Of Claims;
For Recovery Of Unlawful Distributions To Shareholders [11 U.S.C. Sections 502(d), 548, 550, and 551]
(Complaint filed 5/1/17)
Docket 0
Tentative for 8/03/17:
The Court has received and reviewed the status report filed 7/25/17 [Dk. 6] and will CONTINUE this matter to November 9, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Defendant(s):
Patrick D. Barrett Pro Se
William J. Carden Pro Se
Plaintiff(s):
J. Michael Issa Represented By
11:00 AM
Robert E Opera
11:00 AM
CONT'D Hearing RE: Motion For Order Disallowing Claim Against The Debtor: (Motion filed 5/1517)
Claim No. 11 Charles Bogner $9,305.15 FR: 6-15-17; 7-13-17
Docket 234
- NONE LISTED -
Debtor(s):
Favreau's Custom Woodworking, Represented By
Robert P Goe
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Hearing RE: Motion To Disallow Claim:
(Moton filed 6/13/17)
Claim No. 4-1 Internal Revenue Service $64,309.72
Docket 263
- NONE LISTED -
Debtor(s):
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
Favreau's Custom Woodworking, Represented By
Robert P Goe
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
STATUS CONFERENCE RE: Counterclaim and Third-Party Complaint (filed 4/28/17)
Docket 20
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
STATUS CONFERENCE Hearing RE: Third Party Complaint (Third Party Complaint filed 5/9/17)
Docket 7
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
STATUS CONFERENCE Hearing RE: Complaint Against Barry Beitler For:
Avoidance Of Preference Pursuant To 11 U.S.C. Section 547;
Recovery Of Avoided Transfers Pursuant To 11 U.S.C. Section 550; And
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502 (Complaint filed 5/9/17)
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
Barry Beitler Pro Se
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen
10:00 AM
Vincent V Frounjian PC - movant attorney Motion for Relief from Stay
Honda Lease Trust vs DEBTOR (Motion filed 7/13/17)
Re: 2015 HONDA CIVIC, VIN: 19XF B2F5 2FE7 07734 .
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Zaid Munther Azar Represented By Timothy W Combs
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Buckley Madole, P.C. - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 7/18/17)
Re: 1153 Kimbark Ave, San Bernardino, CA 92407 EH
Docket 13
- NONE LISTED -
Debtor(s):
Marcus Cheeks Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Alpert, Barr & Grant, APLC - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTOR (Motion filed 7/21/17)
Re: 2010 Ford Escape XLT Sport Utility Vehicle EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Bernard Michael Frehner Represented By Alon Darvish
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 7/11/17)
Re: 2008 Ford Edge VIN: 2FMDK36CX8BB04497
EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alejandro Garcia Represented By Manfred Schroer
Movant(s):
SANTANDER CONSUMER USA Represented By
Sheryl K Ith
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Kimball, Tirey, & St. John LLP - movant attorney Motion for Relief from Stay
IH3 Property West, LP vs. DEBTOR (Motion filed 7/21/17)
Re: 13115 Sunbird Dr., Moreno Valley, CA 92553 EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Crabrill C Williams Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Mandelbaum & Robison LLP - movant attorney Motion for Relief from Stay
ROC III CA Terracina, LLC McDonnell Terracina LLC, Kappe Terracina, LLC vs. DEBTOR
(Motion filed 7/21/17)
Re: 3303 South Archibald Avenue #169, Ontario, CA 91761 EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
The request for annulment is granted. Movant has provided evidence that its actions in conducting a trial, and seeking entry of an unlawful detainer judgment and writ of possession, on the Petition Date, before or shortly after the filing of the Petition, were taken without knowledge of the automatic stay, as Debtor did not appear at the trial or advise the state court of her bankruptcy filing. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr.
LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
10:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
Karetha Murphy Represented By Lionel E Giron
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Ian A. Rambarran - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 8/1/17)
Re: 2453 North Avenida Caballeros, San Diego, CA 92262 EH
Docket 8
Tentative for 8/15/17 is to DENY:
Improper service. This matter was filed on shortened time utilizing this Court's procedures set forth on the website; telephonic notice, however, is a required and is a prerequisite to utilizing those procedures.
Notice is improper. The motion filed 8/1/17 [Dk. 8] does not advise that the matter is being heard on shortened time pursuant to this Court's procedures and that Debtor may oppose at the hearing.
If the above notice and service defects were corrected, the request for extraordinary relief would be denied as Movant has not submitted any facts demonstrating that such relief is warranted.
Debtor(s):
James Anthony Meister Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 0
Tentative for 8/15/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Isidro Rojas Represented By
Kathleen G Alvarado
Joint Debtor(s):
Ralova Rojas Represented By
Kathleen G Alvarado
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Motion 6/23/17 to Extend Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts
EH
Docket 14
Tentative for 8/15/17:
The Tentative is to DENY the motion to extend time ("Motion"). The Movant waited until 3 days before the deadline to file his Motion. By that time, the Chapter 7 Trustee had already completed his investigation and submitted a report of no distribution on May 26, 2017. The Motion filed on June 23, 2017, states that an application for an examination under Rule 2004 was being filed "contemporaneously" with this motion. However, Mr. Moldo's declaration states only that they are planning to do so in the future. A review of the docket indicates that no application for examination under Rule 2004 has been filed.
The Motion gives absolutely no factual reason for the Motion to be granted. Merely to state that the Debtor's schedules might be erroneous is not sufficient at this point in time. It appears that the Movant has simply sat on his rights for too long.
Appearances required.
Debtor(s):
Edward Gilliam Represented By Brian J Soo-Hoo
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
1:30 PM
Hrg. on Debtor's Motion for authority to Employ The Turoci Firm as General Bankruptcy Counsel
EH
Docket 4
Tentative for 8/15/17:
Before the Court is the Debtor's Motion for Authority to Employ the Turoci Firm as General Bankruptcy Counsel [Dk. 4] ("Employment Application"), filed on 7/11/17. It appears the Opposition, filed by the U.S. Trustee [Dk. 15] on 7/25/17, has been consensually resolved. Thus, the tentative is to APPROVE the Employment Application, as modified per the Reply [Dk. 27] filed on 8/8/17.
Appearances are not required on this matter.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 7/11/17 to Consolidate Lead Case 6:17-bk-15755- SC with 6:17-bk-15757-SC
EH
Docket 6
Tentative for 8/15/17:
Before the Court is a Motion seeking entry of an order substantively consolidating the bankruptcy cases of affiliate debtors River Crest Estates, LLC ("RCE"), Case No. 6:17-bk-15755, and River Crest Development, LLC ("RCD"), Case No. 6:17-bk-15757 (collectively, "Debtors").
As set forth in the oppositions filed by the Office of the United States Trustee [Dk. 14] and Creditor American Alpha Properties, LLC [Dk. 16], Debtors have failed to provide this Court with sufficient evidence to establish that substantive consolidation is warranted under the 2-factor test set forth in In re Bonham, 229 F.3d 750 (9th Cir. 2000).
Accordingly, the Court's tentative is to DENY, without prejudice.
Appearances required.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion for authority to Employ The Turoci Firm as General Bankruptcy Counsel
EH
Docket 5
Tentative for 8/15/17:
Before the Court is the Debtor's Motion for Authority to Employ the Turoci Firm as General Bankruptcy Counsel [Dk. 5] ("Employment Application"), filed on 7/11/17. It appears the Opposition, filed by the U.S. Trustee [Dk. 10] on 7/25/17, has been consensually resolved. Thus, the tentative is to APPROVE the Employment Application, as modified per the Reply [Dk. 22] filed on 8/8/17.
Appearances are not required on this matter.
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. from 5/10/17) EH
[Tele. appr., Ian S. Landsberg, repr., O-Laverity]
Docket 1
Tentative for 8/16/17:
The Court has received and reviewed the status report filed late on August 11, 2017 [Dk. 37]. This status conference is CONTINUED to November 15, 2017 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
**************************************************************************** Tentative for 5/10/17:
The Court has reviewed the Status Report filed 5/2/17 [Dk. 34] and notes that it indicates the appeal has been filed and is pending. The Court will CONTINUE the status conference to August 16, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
1:30 PM
***************************************************************************** Tentative for 3/15/17:
Appearances required. The parties should be prepared to discuss (1) the impact of the pending appeal on the motion for summary judgment presently calendared for 5/3/17; and (2) new dates for the pre-trial conference and motion for summary judgment, if warranted.
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Ruth Ann Far Represented By
Stephen H Darrow
Mohammad Far Represented By Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Merilee Sousa Represented By Ian Landsberg
Cheri O'Laverty Represented By Ian Landsberg
Ames Todd O'Laverty Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
1:30 PM
Adv#: 6:16-01053 Financial Services Vehicle Trust v. Arias
PRE-TRIAL CONFERENCE re: Complaint by Financial Services Vehicle Trust against Dariel Escalante Arias., false pretenses, false representation, actual fraud))
(Cont. from 6/7/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Dariel Escalante Arias Represented By
James D. Hornbuckle
Defendant(s):
Dariel Escalante Arias Pro Se
Plaintiff(s):
Financial Services Vehicle Trust Represented By
Timothy J Silverman
Trustee(s):
John P Pringle (TR) Pro Se
John P Pringle (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01204 Horn v. Awberry
PRE-TRIAL CONFERENCE Re: complaint to determine dischargeability under 11 U.S.C. § 523(a)(6)
(Cont. from 6/14/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Jerry Edward Awberry Represented By Jenny L Doling
Defendant(s):
Jerry Edward Awberry Pro Se
Plaintiff(s):
Harrison H Horn Represented By Douglas A Plazak
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:17-01060 Hart DBA Ocean Auto Sales v. Lenocker
STATUS CONFERENCE Re: Complaint to determine dischargeability to debt pursuant to 11 U.S.C. § 523(a)(4) and § 523(a)(3)(B)
(Cont. from 6/7/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Diana Marie Lenocker Represented By Daniel King
Defendant(s):
Diana Marie Lenocker Pro Se
Plaintiff(s):
Wallace L. Hart DBA Ocean Auto Represented By
Fritz J Firman
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01106 Frealy v. PORTFOLIO RECOVERY ASSOCIATES, LLC et al
STATUS CONFERENCE re: Complaint by Todd A. Frealy against Portfolio Recovery Associates, LLC, TD Bank USA, N.A. f/k/a Target National Bank, The County of San Bernardino Department of Child Support Services, Employment Development Department. Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property))
EH
Docket 1
Tentative for 8/16/17:
In light the Court’s tentative for the Motion for Default Judgment set for hearing at Calendar No. 26, this matter will come off calendar.
No appearances required.
Debtor(s):
Miguel Angel Puente Becerra Represented By Mona V Patel
Defendant(s):
The County of San Bernardino Pro Se
Employment Development Pro Se
PORTFOLIO RECOVERY Pro Se
TD Bank USA, N.A. f/k/a Target Pro Se
Plaintiff(s):
Todd A. Frealy Represented By
1:30 PM
Trustee(s):
Lindsey L Smith
Todd A. Frealy (TR) Represented By Lindsey L Smith
1:30 PM
Adv#: 6:17-01106 Frealy v. PORTFOLIO RECOVERY ASSOCIATES, LLC et al
Hrg. on Plaintiff's Motion filed 7/26/17 for Default Judgment EH
Docket 23
Tentative for 8/16/17 is to GRANT.
Before the Court is the Motion for Default Judgment filed by the Plaintiff Todd
A. Frealy, in his capacity as Chapter 7 Trustee ("Plaintiff") for the Bankruptcy Estate of Miguel Angel Puente Becerra ("Debtor"). The underlying complaint ("Complaint") seeks declaratory judgment that certain liens ("Liens") in the form of abstracts of judgments held by the Portfolio Recovery Associates, LLC, TD Bank USA, N.A. f/k/a Target National Bank, the County of San Bernardino Department of Child Support Services, and the Employment Development Department (collectively, "Defendants"), did not attach to the sale proceeds from the sale of real property located at 14389 Huntridge Drive, Victorville, CA 92394 ("Property") approved by this Court in an order entered on April 14, 2017 [Dk. 48] ("Sale Order"). The Sale Order, which was not appealed and has become a final order of this Court, provided that the sale of the Property would be free and clear of certain liens, including the Liens.
No response to the Complaint was filed, and considering the Stipulated Judgment avoiding the transfer of the Property to Mr. Guzman and Ms. Puente [6:16-ap-01197-SC, Dk. 4], and the previously entered Sale Order approving the sale of the Property free and clear of the Liens, the Plaintiff has established that he is entitled to the declaratory relief requested in the Complaint. The Sale Order expressly approved the sale of the Property free and clear of the Liens. The Liens only attached to the Property by virtue of the now void transfer of Property. As the transfer to Mr. Guzman was avoided, he no longer has an interest in the Property on which the abstracts could attach.
1:30 PM
Finally, Service of the Summons, the Notice of Default, and the Motion for Default Judgment are proper on all Defendants.
Accordingly, the Tentative is to GRANT the Motion for Default Judgment.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order and proposed judgment within seven (7) days.
Debtor(s):
Miguel Angel Puente Becerra Represented By Mona V Patel
Defendant(s):
The County of San Bernardino Pro Se
Employment Development Pro Se
PORTFOLIO RECOVERY Pro Se
TD Bank USA, N.A. f/k/a Target Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Lindsey L Smith
Trustee(s):
Todd A. Frealy (TR) Represented By Lindsey L Smith
10:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
STATUS CONFERENCE Hearing RE: First Amended Complaint Objecting To The Dischargeability Of Debts Owed To The Plaintiffs Under 11 U.S.C. Section 523
(Complaint filed 4/17/17)
(First Amended Complaint filed 7/17/17)
[Tele. appr., Chris Bebel, repr., Franz Wagner, et al.]
Docket 13
Tentative for 8/16/17 is to set the following dates/deadlines:
Discovery cutoff: January 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cut off: March 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Mediation cutoff: March 15, 2018.
Pretrial: April 18, 2018 at 10:00 a.m.
The parties are specifically advised to fully cooperate and follow all applicable local and federal rules. The failure to do so may subject the offending party to monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the complaint.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Jaime Xavier Coronado Represented By
10:00 AM
Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Pro Se
Plaintiff(s):
Am Thi Le Represented By
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Mark John Le Represented By
David Wood
Franz Wagner Represented By David Wood
Ron Dewalt Represented By
David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:17-01045 Marshack v. Farino et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers; Alter Ego; To Revoke Discharge
(Complaint filed 3/22/17) FR: 6-14-17
Docket 1
Tentative for 8/16/17:
The Court has received and reviewed the status report filed July 31, 2017 [Dk. 11]. This matter appears to have been settled and is pending final documentation of the settlement. Accordingly, this matter is CONTINUED to November 15, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 6/14/17:
The Court notes that an order re: mediation was entered on 6/2/17 and will CONTINUE this matter to 8/10/17 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused for the 6/14/17 hearing.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
10:00 AM
Defendant(s):
Farino Engineering, Inc. Pro Se Farino Construction Services, Inc. Pro Se Farino Leasing, LLC Pro Se
Farino Concrete Pumping, Inc. Pro Se
Farino Ready Mix, Inc. Pro Se
Richard A. Farino Pro Se
Kelly Anne Duman Pro Se
Justin Jensen Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
STATUS CONFERENCE Hearing RE: Complaint For:
Turnover Of Property Of The Estate [11 U.S.C. Section 542];
Declaratory Relief As To The Extent And Validity Of Lien [11 U.S.C. 363(p) (2)]
Damages For Willful Violation Of The Automatic Stay [11 U.S.C. 362(k)(1);
And
Injunctive Relief (Complaint filed 5/26/17)
[Tele. appr., Chad V. Haes, repr., Richard A. Marshack, Chapter 7 Trustee] [Tele. appr., Phillip W. Nelson, repr., C&A ClaimPlus Inc., et al.]
Docket 1
Tentative for 8/16/17:
This matter is CONTINUED to November 8, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Continental Casualty Company Pro Se
10:00 AM
American Casualty Company of Pro Se
CNA Claimplus, Inc. Pro Se
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
Hearing RE: Motion Of Defendants To Dismiss Complaint (Motion filed 7/6/17)
[Tele. appr., Chad V. Haes, repr., Richard A. Marshack, Chapter 7 Trustee] [Tele. appr., Phillip W. Nelson, repr., C&A ClaimPlus Inc., et al.]
Docket 6
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Continental Casualty Company Represented By Kelly S Biggins
American Casualty Company of Represented By Kelly S Biggins
CNA Claimplus, Inc. Represented By Kelly S Biggins
Plaintiff(s):
Richard A. Marshack (TR) Represented By
10:00 AM
Trustee(s):
D Edward Hays Chad V Haes
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01398 Marshack v. CNA Risk Management et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/24/15) (Alias Summons issued 10/28/15) (PTC set at S/C held 3/9/16)
[CNA Risk Management - dismissed -order entered 2-18-16 [docket no. 25] [CNA Financial Corporation -dismissed - order entered 2-18-16 [docket no. 25]
[Loews Corporation - dismissed - order entered 2-18-16 [docket no. 25]
FR: 1-13-16; 3-9-16; 8-17-16; 11-30-16; 4-19-17
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Loews Corporation Represented By Clinton J McCord
Continental Casualty Company Represented By Clinton J McCord Shiva D. Beck
10:00 AM
CNA Risk Management Represented By Clinton J McCord
CNA Financial Corporation Represented By Clinton J McCord
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 3/9/16) FR: 3-9-16; 9-28-16, 11-3-16; 4-19-17; 6-14-17
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Motion For Summary Judgment Or In The Alternative Summary Adjudication
(Motion filed 3/23/17) (Second Amended Motion filed 5/5/17) FR: 5-3-17; 6-28-17
Docket 42
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
10:00 AM
Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Defendant Pruco Life Insurance Company's Cross-Motion For Partial Summary Judgment
(Motion filed 5/17/17) FR: 6-28-17
Docket 48
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:16-01137 ABD, LLC et al v. Weidenhammer
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523 (Complaint filed 5/17/16)
PTC set at S/C held 8/17/16) FR: 8-17-16; 4-19-17; 6-14-17
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
Giovinazzo Family Real Estate Represented By Rika Kido
ABD, LLC Represented By
Rika Kido
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01201 Castaneda et al v. Weidenhammer et al
PRE-TRIAL CONFERENCE Hearing RE: Complaint For: Breach Contract; Common Counts; Money Had And Received; Conversion; Intentional Interference With Prospective Economic Advantage; Negligent Interference With Prospective Economic Advantage; Breach Of Fiduciary Duty; Fraud; Accounting; Declaratory Relief; And Violation Of Uniform Fraudulent Transfer Act
(Complaint filed 9/14/16)
(PTC set at S/C held 11/30/16)
Docket 1
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Americo Mortgage Corporation Pro Se
274 Grandview LLC Pro Se
Mishele Weidenhammer Pro Se
Scott Weidenhammer Pro Se
Scott Weidenhammer Pro Se
Plaintiff(s):
Americo Opportunity Fund, LLC Represented By
Eric S Ludwig
10:00 AM
Vintage Laguna, LLC Represented By Eric S Ludwig
Robert Castaneda Represented By Eric S Ludwig
Robert Castaneda Represented By Eric S Ludwig
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01056 Puzifera v. Schwartz
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of A Pre-Petition Transfer;
Turnover Of Personal Property; And
Violation Of The Automatic Stay (Complaint filed 4/25/17)
Docket 1
- NONE LISTED -
Debtor(s):
Donna L Puzifera Represented By Anerio V Altman
Defendant(s):
Greg Schwartz Pro Se
Plaintiff(s):
Donna L Puzifera Represented By Anerio V Altman
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:17-01072 American Express Bank, FSB v. Lamm
STATUS CONFERENCE Hearing RE: Complaint Objecting To The Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(14) (Complaint filed 5/9/17)
Docket 1
- NONE LISTED -
Debtor(s):
Jessica M. Lamm Represented By David V Luu
Defendant(s):
Jessica M. Lamm Pro Se
Plaintiff(s):
American Express Bank, FSB Represented By Robert S Lampl
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01080 NuVision Federal Credit Union v. Young
STATUS CONFERENCE Hearing RE: Complaint To Determine The Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Complaint filed 5/18/17)
Docket 1
- NONE LISTED -
Debtor(s):
William Raymond Young Represented By Steven A Alpert
Defendant(s):
Rae Leanne Young Pro Se
Joint Debtor(s):
Rae Leanne Young Represented By Steven A Alpert
Plaintiff(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: First Interim Application For Award Of Compensation And Reimbursement Of Expenses For The Period From February 13, 2015 Through May 31, 2017
(Application filed 7/26/17)
[RE: DANNING, GILL, DIAMOND & KOLLITZ, LLP - Attorneys For Chapter 7
Trustee]
[Fees: $158,204.50; Expenses: $7,137.03]
Docket 70
Tentative for 8/16/17:
Appearances required.
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
11:00 AM
Hearing RE: First And Final Fee Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From July 8, 2016 Through July 26, 2017
(Application filed 7/26/17)
[RE: FORCE TEN PARTNERS, LLC - Expert Witness To Jeffrey I. Golden, Chapter 7 Trustee Of Sean Michael Edwards]
[Fees: $16,217.50; Expenses: $0.00]
Docket 72
Tentative for 8/16/17:
Appearances required.
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 6/28/17)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $4,250.00; Expenses: $486.28]
[RE: BURD & NAYLOR - Attorneys For Chapter 7 Trustee] [Fees: $15,747.42; Expenses: $112.09]
[RE: HAHN FIFE & COMPANY, LLP - Accountant for Chapter 7 Trustee] [Fees: $3,733.00; Expenses: $319.20]
Docket 94
Tentative for 8/16/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Mocan Media LLC Represented By Todd C. Ringstad
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
11:00 AM
William M Burd
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
Hearing RE: Motion for Protective Order By Third Party Witness Tymothy S.
Macleod
(Motion filed 7/24/17)
Docket 139
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
11:00 AM
Hearing RE: Chapter 7 Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 7/10/17)
[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $3,552.47; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $1,539.00; Expenses: $230.60]
[Tele. appr., Thomas H. Casey, repr., Trustee, Thomas H. Casey]
Docket 66
Tentative for 8/16/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jeffrey Allen Welton Represented By
Vanessa M Haberbush
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Final Report And Applications For Compensation And Reimbusement Of Expenses
(Final Report filed 7/12/17)
[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $5,021.58; Expenses: $523.37]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $1,782.00; Expenses: $221.50]
[Tele. appr., Thomas H. Casey, repr., Trustee, Thomas H. Casey]
Docket 89
Tentative for 8/16/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
SR&B Boilers, Inc. Represented By
Vanessa M Haberbush Sherry Lujan
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Motion For Order: (1) Approving Sale Of Estate Assets; (2) Approving Stipulation Between Chapter 7 Trustee And Commonwealth Business Bank; And (3) Approving Stipulation Between Chapter 7 Trustee And Landlord William Landis, Trustee Of The William Landis Living Trust
(Motion filed 7/25/17)
Docket 20
Tentative for 8/16/17 is to CONTINUE this matter to 9/13/17 at 11:00 a.m. to allow the Movant to file, serve, and publish the notice of sale required under FRBP 6004 and LBR 6004-1.
Appearances for the 8/16/17 hearing are excused.
Debtor(s):
Charles B Daye Represented By Michael R Totaro
Joint Debtor(s):
Alice L Daye Represented By
Michael R Totaro
Trustee(s):
Jeffrey I Golden (TR) Represented By Richard A Marshack Judith E Marshack
10:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
Equity Residential Management, LLC vs. DEBTOR (Motion filed 6/28/17)
[RE: 24842 Hidden Hills Road., #O, Laguna Beach, CA 92677]
FR: 7-13-17
Docket 10
Tentative for 8/17/17:
The Movant filed a Motion for Relief from Stay - Unlawful Detainer and set the hearing on shortened time but failed to comply with this Court's notice requirements. The Court continued the hearing to allow the Movant to cure the defective notice. As of the posting of this tentative, no supplemental notice or proof of service has been filed.
Tentative is to DENY for improper service.
******************************************************************
Tentative for 7/13/17 is to CONTINUE to 8/17/17 at 10:00 a.m. to allow Movant to provide proper notice.
This Court, as set forth on the website, requires telephonic notice as a prerequisite for hearings on shortened time for motions for relief from stay. Here, Movant did not provide telephonic notice. See, Amended Proof of Service filed 6/28/17 [Dk. 11].
Appearances for the 7/13/17 hearing are excused.
10:00 AM
Debtor(s):
Regina M Gettys Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 7/18/17)
[RE: 2013 Ford C-MAX - VIN No.: 1FADP5BU1DL555009]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jane Marie Andrews Represented By Leslie K Kaufman
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 7/11/17)
[RE: 2009 Dodge Challenger - VIN No.: 2B3LJ44V39H527435]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kevin Thomas Manolovitz Represented By James P Doan
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 7/1/17)
Docket 0
Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17) FR: 4-20-17; 7-11-17
Docket 0
Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Hearing RE: Motion For Order Approving Debtor's Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 6/23/17)
Docket 87
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
Summary Judgment Motion
(RESERVATION ONLY - Motion not filed - date given by LC - EM)
Docket 0
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
Barry Beitler Represented By
Krikor J Meshefejian
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Hrg. on chapter 7 trustee's Objection filed 6/5/17 to Claim #3 filed by Law Office of Richard K. Isles, APLC
(Cont. from 7/11/17) EH
Docket 26
Tentative for 8/22/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
*************************************************************************
Tentative for 7/11/17 is to CONTINUE to 8/22/17 at 11:00 a.m. to allow the Trustee to effectuate proper service:
Service is improper. The Trustee did not serve the Claimant, a corporation, to the attention of an officer, managing or general agent or to any other authorized agent. As noted in this Court's procedures set forth on the Court's website, this Court requires service of claim objections to comply with FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Appearances are excused for the 7/11/17 hearing.
11:00 AM
Debtor(s):
Neal Adams Represented By
Jeremiah D Raxter
Joint Debtor(s):
Masina Giavatto Represented By Jeremiah D Raxter
Trustee(s):
Robert Whitmore (TR) Pro Se
9:30 AM
Adv#: 8:15-01072 Bui v. Shun Lung Co., Inc.
TRIAL RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547(b), 550 And 551
(Complaint filed 2/2/15) (PTC set at S/C held 7/22/15) (Trial set at PTC held 1/13/16)
(Trial Vacated per Order Entered 3-24-16 - Docket No. 34) (S/C set per Order Entered 3-24-16)
(Trial set at S/C held 6/14/17)
FR: 4-2-15; 5-21-15; 7-22-15; 12-16-15; 1-13-163-28-16; 6-29-16; 6-14-17
Docket 1
Tentative for 8/22/17:
Personal appearances required in Courtroom 5C.
**************************************************************************** Tentative for 6/14/17:
The Court has received and reviewed the unilateral status report [Dk. 39] and is inclined to set this matter for trial on August 22, 2017 at 9:30 a.m.
Appearances required.
*************************************************************************** Tentative for 6/29/2016:
The Court has received and reviewed the unilateral status report [Dk. 37] filed on 6/23/2016, and will accordingly CONTINUE this status conference to 6/14/2017 at 10:00 a.m.
Appearances are excused.
9:30 AM
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Defendant(s):
Shun Lung Co., Inc. Represented By Delmas Woods
Plaintiff(s):
Lynda T. Bui Represented By
Steven Werth
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
9:30 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
CONT'D Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
(Date Reserved per Order Entered 1/17/17 - docket no. 532]
FR: 4-17-17; 5-8-17; 6-12-17; 7-10-17
Docket 532
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED -
9:30 AM
Daniel J Kessler
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Law Office of Derek May - movant attorney Motion for Relief from Stay
Title-Realty Services, Inc. vs. DEBTOR (Motion filed 7/31/17)
Re: 16270 Chippewa Rd., Apple Valley, CA EH
Docket 39
- NONE LISTED -
Debtor(s):
All Construction Services, Inc. Represented By Paul M Stoddard Stephen R Wade
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust Motion for Order Confirming Automatic Stay in this Case Does Not Apply to a Non-Bankruptcy Third Party Including Thornton Byron LLP, an Idaho Limited Liability Partnership
EH
(Tele. appr. Mark Gunderson, rep. Interested party, 1988 Prim Revocable Trust, 395 Lampe)
Docket 92
Tentative for 8/29/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Appearances are excused.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
10:00 AM
Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust Motion filed 8/2/17 for Order Confirming Automatic Stay in this Case Does Not Apply to a Non-Bankruptcy Third Party Including Thornton Byron LLP, an Idaho Limited Liability Partnership
EH
Docket 40
Tentative for 8/29/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Appearances are excused.
Debtor(s):
Desert Ranch Management, LLC Represented By
Jenny L Doling
Trustee(s):
Arturo Cisneros (TR) Represented By Robert P Goe
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. DEBTORS (Motion filed 8/7/17)
Re: U 2014 BMW X3 VIN #5UXWX9C53E0D26921
EH
(Tele. appr. Megan Lees, rep. creditor, Bank of America)
Docket 23
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Loron Marler Represented By
Keith Q Nguyen
Joint Debtor(s):
Carolina Marler Represented By
10:00 AM
Trustee(s):
Keith Q Nguyen
Arturo Cisneros (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTORS (Motion filed 7/20/17)
Re: N 2007 SANGER V215, VIN:SANRX133A707; N 2007 Merc Blk Scorpi,
Serial No.: OW693582; N 2007 Sport Boat Trailer VIN: 4FBBC212671017367 . EH
(Tele. appr. Megan Lees, rep. creditor, Bank of America)
Docket 29
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Movant to lodge an order within seven (7) days.
Debtor(s):
Garrett Gebhart Represented By Richard Lynn Barrett
Joint Debtor(s):
Trisha A Gebhart Represented By Richard Lynn Barrett
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 7/26/17)
Re: 1999 MONACO DYNASTY VIN: 1RF120618X1005667
EH
(Tele. appr. Jennifer Wang, rep. creditor, Santander)
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carole Jo Spears Represented By Kevin M Cortright
Joint Debtor(s):
Bobby Lee Spears Represented By Kevin M Cortright
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Law Office of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Robert Whitmore, chapter 7 trustee
(Motion filed 8/2/17)
Re: 2017 HONDA ACCORD, VIN: JHMC R6F5 9HC0 07644
EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Maribel Gonzalez Represented By Stephen L Burton
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Reynolds, Jensen, Swan & Pershing, LLP - movant attorney Motion for Relief from Stay
Dan Samarin, Trustee vs. DEBTOR (Motion filed 8/1/17)
Re: 41120 Elm Street, Suites A, B & C, Murrieta, CA 92562 EH
Docket 12
Tentative for 8/29/17 is to DENY for improper service.
LBR 4001-1(c)(1)(A) requires service of a motion for relief from stay upon the Debtor and Debtor's attorney. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
The proof of service indicates that Debtor was served via email to "ksmith@ambassadorenvergy.com". However, Kelly Smith (listed on the petition as the President) is not on the NEF notice list. Therefore, there is no indication the correct email was used or that Kelly Smith consented to receive service via email, as required by the Federal Rules.
10:00 AM
Debtor(s):
Ambassador Energy, Inc. Represented By
Robert B Rosenstein
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 8/8/17 for Order Approving Sale of Property (6737 East Ave., Rancho Cucamonga, CA): (1) Outside the Ordinary Course of Business; (2) Free and Clear of All Liens, Claims and Interests; and
With Determination of Good Faith Purchaser EH
(Tele. appr Bryan Fairman, rep. movant party)
(Tele. appr. Barry Glaser, rep. creditor, San Bernardino County Tax Collector)
Docket 600
Tentative for 8/29/17 is to GRANT.
Debtor(s):
Richard John Rinard Pro Se
Trustee(s):
Helen R. Frazer (TR) Represented By
Helen R. Frazer (TR) D Edward Hays Arjun Sivakumar Laurel R Zaeske
11:00 AM
Hrg. on chapter 7 trustee's Objection filed 7/21/17 to Claim Number 5-1 by Claimant Best Buy/CBNA
EH
Docket 33
Tentative for 8/29/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gress Ricabo Represented By
Robert R Tilton
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 6/30/17 to approve compromise Between Helen R. Frazer, Chapter 7 Trustee, and Brian A. Glasser, as Trustee of the Yellowstone Club Liquidating Trust
(Cont. from 8/1/17) EH
(Tele. appr Mark Gunderson, rep. interested party 1988 Prim Revocable Trust, 395 Lampe, LLC; and Wayne Prim)
Docket 81
NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
11:00 AM
Hrg. on chapter 7 trustee's Objection filed 7/21/17 to Claim Numbers 3-1, 5-1, 6- 1 by Claimant Harebrain, Inc., Capital One Bank and Hart Enterprises, Inc.
EH
Docket 36
Tentative for 8/29/17 is to Grant.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael Dean Pagel Represented By Carey C Pickford
Joint Debtor(s):
Pamela Anne Pagel Represented By Carey C Pickford
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 24
Tentative for 8/29/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Delmy Martinez Represented By Dana Travis
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 7/20/1 for Order (1) Authorizing the Sale of Real Property of the Estate Pursuant to Bankruptcy Code § 363(b); (2) Approving Payment of Real Estate Commission; and (3) Granting Related Relief Including Use of Sale Proceeds to Reimburse Trustee for Actual Costs Incurred
EH
(Tele. appr David Lally, rep. creditor, Ditech Financial)
Docket 29
NONE LISTED -
Debtor(s):
Margarita Lozano Represented By Luis Aguilar
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 7/26/17 to Extend deadline for Trustee and United States Trustee to File an Objection to Debtor's Discharge
EH
Docket 18
Tentative for 8/29/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
KimHuat Khoo Pro Se
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
1:30 PM
Hrg. on Motion filed 8/8/17 by Alameda Liquidating Trust for Order Approving Reallocation of Reserve Amounts Held with Respect to Remaining Disputed Claims and Fifth Distribution to Beneficiaries
EH
(Tele. appr. Eric Pezold, rep. creditor, Bank of America)
Docket 431
Tentative for 8/29/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alameda Investments, LLC Represented By Jeremy V Richards Linda F Cantor ESQ
C John M Melissinos Brian L Davidoff
1:30 PM
Hrg. on CIT Bank's Motion filed 5/27/17to dismiss or convert chapter 11 case (Cont. from 7/11/17)
Docket 325
Tentative for 8/29/17:
Debtor and Movant have both represented that they are discussing a consensual resolution to the issues raised in the Motion, but Movant has not provided any update regarding the current status of these issues. The Court notes that no objection to Debtor's Motion for Final Decree, filed on 6/21/17 [Dk. 322], has been filed (although as of the posting of this tentative, the time to object has not yet expired).
Appearances required.
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Hrg. on Status Conference re Post Confirmation of Chapter 11 plan (Cont. from 8/1/17)
EH
Docket 0
Tentative for 8/29/17:
The Court has received and reviewed the Post-Confirmation Status Report filed on 8/15/17 [Dk. 357] and notes that no objection to Debtor's Motion for Final Decree, filed on 6/21/17 [Dk. 322], has been filed (although as of the posting of this tentative, the time to object has not yet expired).
Appearances required.
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Hrg. on San Bernardino County Treasurer Tax Collector Motion filed 7/27/17 to Convert or Dismiss Debtor's Chapter 11 Bankruptcy case
EH
Docket 148
Tentative for 8/29/17 is to CONTINUE to October 3, 2017 at 1:30 p.m. to allow Movant to properly notice all creditors, as required by FRBP 2002(a)(4).
Appearances for the 8/29/17 hearing are excused.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on U.S. Trustee Motion filed 3/1/17 to dismiss or convert Chapter 11 Case EH
(Cont. from 8/1/17)
Docket 98
NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Chapter 11 Status Conference
(Order setting hearing entered 4/5/17) (Cont. from 7/18/17)
EH
Docket 0
NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 8/29/17:
The Court has received and reviewed the Status Report filed on 8/10/17 [Dk. 20], as well as the Motion to Set Last Day to File Proofs of Claim filed on 8/9/17 [Dk. 15], and is inclined to set the following deadlines:
The bar date for filing of claims is set for November 6, 2017 ("Bar Date").
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than September 6, 2017;
The deadline to file objections to claims shall be 60 days from the effective date of the Chapter 11 Plan of Reorganization;
The deadline for the Debtor to file avoidance actions shall be 60 days from the effective date of the Chapter 11 Plan of Reorganization;
A Disclosure Statement and Plan must be filed on or before November 17, 2017. The failure to timely file a Plan and Disclosure Statement may result in the conversion or dismissal of the case; and,
A Continued Status Conference shall be held on January 23, 2018, at 11:00 a.m.
Appearances required.
1:30 PM
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 1
Tentative for 8/29/17:
This matter is CONTINUED to August 31, 2017 at 10:00 a.m. No appearances are required at the 8/29/17 hearing.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
10:00 AM
Adv#: 6:17-01081 United States Trustee for the Central District of v. Ott
Hrg. on United States Trustee's Motion filed 7/3/17 For Default Judgment EH
Docket 12
Tentative for 8/30/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order and judgment within seven (7) days.
Debtor(s):
Terry Ott Pro Se
Defendant(s):
Terry Ott Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Abram Feuerstein esq Mohammad Tehrani
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Motion filed 8/15/17 of Petitioning Creditors Ralph Harmer Goodell, III and Self Reliance, Inc. to Withdraw Claims and Dismiss Case Pursuant to Settlement Agreement with Alleged Debtor
EH
(OST signed and set for calendar on 8/16/17)
Docket 51
Tentative for 8/30/17 is to GRANT.
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
1:30 PM
Adv#: 6:17-01045 Delcomber v. Santiago
Hearing on Plaintiff's Motion for Protective Order to Prevent Defendant from Deposing Plaintiff Yvonne Delcomber
EH
Docket 31
NONE LISTED -
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
Defendant(s):
Ruben Santiago Represented By Michael Jay Berger
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic Sarah R Wolk
1:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01045 Delcomber v. Santiago
Hrg. on Petitioner, Brigitte Kemp's Motion filed 7/27/17 Petition for Appointment of Guardian Ad Litem
EH
Docket 18
NONE LISTED -
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
Defendant(s):
Ruben Santiago Represented By Michael Jay Berger
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic Sarah R Wolk
1:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01153 Positive Investments A California Corporation v. Rinard
Hrg. on Positive Investments, Inc. Motion filed 8/2/17 to Dismiss complaint EH
Docket 4
NONE LISTED -
Debtor(s):
Richard John Rinard Pro Se
Defendant(s):
Richard J Rinard Pro Se
Plaintiff(s):
Positive Investments A California Represented By
Lori E Eropkin
Trustee(s):
Helen R. Frazer (TR) Represented By
Helen R. Frazer (TR) D Edward Hays Arjun Sivakumar Laurel R Zaeske
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
PRE-TRIAL CONFERENCE re: Complaint by Go-Fresh Produce, Inc. against Martin Coria. fraud as fiduciary, embezzlement, larceny))
(Cont. from 5/10/17) EH
Docket 1
NONE LISTED -
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Pro Se
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta
Trustee(s):
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
STATUS CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. EH
Docket 1
Tentative for 8/30/17 is to CONTINUE this matter to November 15, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01112 Garcia v. Garcia, Sr. et al
STATUS CONFERENCE re: Complaint by Hope Garcia against Mario Antonio Garcia Sr., Veronica Bolanos Garcia 523(a)(2), (a)(4)
EH
Docket 1
Tentative for 8/30/17:
LBR 7016-1 requires that a joint status report be completed and filed no later than 14 days before the first status conference hearing. As of the posting of this tentative, no joint or unilateral status report has been filed in this case.
The Parties should be prepared to discuss why the case should not be dismissed for failure to prosecute and the Court should not sanction each party $100 for failure to comply with local rules.
Appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Marcus Gomez
Defendant(s):
Veronica Bolanos Garcia Pro Se
Mario Antonio Garcia Sr. Pro Se
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Marcus Gomez
1:30 PM
Plaintiff(s):
Hope Garcia Represented By
Blair J Berkley
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:17-01115 Romex Textiles, Inc. v. Ra
Status Conference re: Complaint by Romex Textiles, Inc. against Sung Su Ra - 523(a)(4), 523(a)(6)
EH
Docket 1
Tentative for 8/30/17:
LBR 7016-1 requires that a joint status report be completed and filed no later than 14 days before the first status conference hearing. As of the posting of this tentative, no joint or unilateral status report has been filed in this case.
The Parties should be prepared to discuss why the case should not be dismissed for failure to prosecute and the Court should not sanction each party $100 for failure to comply with local rules.
Appearances required.
Debtor(s):
Sung Su Ra Represented By
Young K Chang
Defendant(s):
Sung Su Ra Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
1:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Adv#: 8:17-01102 Valencia, Jr v. Bentz
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargability Of Debt
(Complaint filed 6/1217)
Docket 1
- NONE LISTED -
Debtor(s):
Krista Marie Bentz Represented By Kevin J Kunde
Defendant(s):
Ryann Bradley Bentz Pro Se
Joint Debtor(s):
Ryann Bradley Bentz Represented By Kevin J Kunde
Plaintiff(s):
Jose Valencia Jr Represented By Michael A Fluetsch
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01124 Dent Mart Int'l Inc. v. Kim et al
Hearing RE: Court's Intention To Sua Sponte Abstain And Remand Action To State Court
(Set per Order Entered 8/23/17)
Docket 0
- NONE LISTED -
Debtor(s):
Hyo Dong Kim Represented By Carmela Pagay Monica Y Kim
Defendant(s):
Eun Hee Dental Laboratory, Inc. Represented By
Allan Calomino Allan Calomino
Kwang Cho Represented By
Allan Calomino Allan Calomino
Hyo Dong Kim Pro Se
Plaintiff(s):
Dent Mart Int'l Inc. Represented By Lyle R Mink
Trustee(s):
Robbin L Itkin (TR) Represented By
Autumn D Spaeth ESQ
10:00 AM
Kyra E Andrassy Kelly K Frazier Alexandra S Kelly
11:00 AM
Hearing RE: Motion to Compel: Turnover of Property Of The Estate And To Account For Property Of The Estate
(Motion filed 8/1/17)
Docket 25
Tentative for 8/30/17:
Trustee seeks an order compelling turnover of inventory and an accounting. In opposing the motion, the Debtors have sworn under penalty of perjury that no such inventory exists.
The Court is inclined to DENY the request for turnover of the inventory without prejudice as the Trustee has provided insufficient evidence that such inventory exists. The existence of the inventory must be established before the Court can order its turnover as Estate property. However, the Court is inclined to GRANT the request for an accounting, to which the Trustee is clearly entitled under §541.
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
11:00 AM
CONT'D Hearing RE: Motion For Order: (1) Approving Sale Of Estate Assets;
Approving Stipulation Between Chapter 7 Trustee And Commonwealth Business Bank; And (3) Approving Stipulation Between Chapter 7 Trustee And Landlord William Landis, Trustee Of The William Landis Living Trust
(Motion filed 7/25/17) (OST Entered 8/17/17) FR: 8-16-17
Docket 20
Tentative for 8/30/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 8/16/17 is to CONTINUE this matter to 9/13/17 at 11:00 a.m. to allow the Movant to file, serve, and publish the notice of sale required under FRBP 6004 and LBR 6004-1.
Appearances for the 8/16/17 hearing are excused.
Debtor(s):
Charles B Daye Represented By Michael R Totaro
Joint Debtor(s):
Alice L Daye Represented By
11:00 AM
Trustee(s):
Michael R Totaro
Jeffrey I Golden (TR) Represented By Richard A Marshack Judith E Marshack Laila Masud
11:00 AM
Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727 (a)(8)
(Motion filed 7/28/17)
Docket 9
Tentative for 8/30/17 is to GRANT and deny Debtor's discharge pursuant to § 727(a)(8).
Debtor(s):
Reynaldo Garcia Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Hrg. on Howard and Anna Foster's Motion filed 8/11/17 to Sell Property of the Estate Free and Clear of Liens under Section 363(f) ; Employ Real Estate Broker; Pay Liens, Costs, Commission, and Homestead Exemption Related to Sale
EH
(Hearing date and time approved by Chambers. Parties can either appear in 5C or 126)
Docket 83
Tentative for 8/31/17:
The Court needs to understand why this sale is a "private sale" and not subject to overbids. With respect to the IRS lien, that lien should be satisfied.
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
10:00 AM
Hrg. on Chapter 11 Status Conference
Docket 1
Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement - November 7, 2017. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Bar Date: November 10, 2017, with notice to be served by no later than September 10, 2017.
Continued case status conference: January 23, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
10:00 AM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 8/31/17:
This case is jointly administered with Foster Enterprises, A California general partnership, Case No. 17-15749 (see, order entered 7/24/17 [Dk. 25]). Please see the tentative for Foster Enterprises, which is applicable to this matter.
Debtor(s):
Howard Dean Foster Represented By Dean G Rallis Jr
Joint Debtor(s):
Anna Mae Foster Represented By Dean G Rallis Jr
10:00 AM
CONT'D Amended Motion for relief from stay [Unlawful Detainer]
Equity Residential Management, LLC vs. DEBTOR (Motion filed 6/28/17) (Amended Motion filed 8/17/17)
[RE: 24842 Hidden Hills Road., #O, Laguna Beach, CA 92677]
FR: 7-13-17; 8-17-17
[Tele. appr., Matthew Pham, repr., Howard and Anna Foster - LISTEN ONLY]
Docket 10
Tentative for 8/31/17:
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 8/17/17:
The Movant filed a Motion for Relief from Stay - Unlawful Detainer and set the hearing on shortened time but failed to comply with this Court's notice requirements. The Court continued the hearing to allow the Movant to cure the defective notice. As of the posting of this tentative, no supplemental
10:00 AM
notice or proof of service has been filed. Tentative is to DENY for improper service.
******************************************************************
Tentative for 7/13/17 is to CONTINUE to 8/17/17 at 10:00 a.m. to allow Movant to provide proper notice.
This Court, as set forth on the website, requires telephonic notice as a prerequisite for hearings on shortened time for motions for relief from stay. Here, Movant did not provide telephonic notice. See, Amended Proof of Service filed 6/28/17 [Dk. 11].
Appearances for the 7/13/17 hearing are excused.
Debtor(s):
Regina M Gettys Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 6/13/16)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17
Docket 0
- NONE LISTED -
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
Hearing RE: Third And Final Application For Compensation And Reimbursement Of Expenses For The Period From April 1, 2016 Through August 7, 2017
(Application filed 8/10/17)
[RE: MIRMAN, BUBMAN & NAHMIAS, LLP - Counsel For Oversight Committee]
[Fees: $180,402.50; Expenses: $42,291.18]
Docket 666
Tentative for 8/31/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Evergreen Oil, Inc. Represented By Allan D Sarver
Heather M McKeon
11:00 AM
Hearing RE: Motion Of Post-Confirmation Oversight Committee To (1) Approve Disbursing Agent's Final Report And Account And Proposed Distribution; And
Establish Procedure For Case Closing (Motion filed 8/10/17)
Docket 668
Tentative for 8/31/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Evergreen Oil, Inc. Represented By Allan D Sarver
Heather M McKeon
11:00 AM
Hearing RE: Motion In Chapter 11 Case For Entry Of A Final Decree And Order Closing Case
(Motion filed 8/10/17)
Docket 670
Tentative for 8/31/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the ourt will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Evergreen Oil, Inc. Represented By Allan D Sarver
Heather M McKeon
11:00 AM
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses For The Period From August 13, 2015 Through May 15, 2017
(Application filed 8/9/17)
[RE: GROBSTEIN TEEPLE, LLP - Accountants For The Post-Confirmation Oversight Committee]
[Fees: $6,643.50; Expenses: $8.88]
Docket 662
Tentative for 8/31/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Evergreen Oil, Inc. Represented By Allan D Sarver
Heather M McKeon
11:00 AM
Hearing RE: Confirmation of Chapter 11 Plan (Set at D.S. hearing held 5/11/17)
(D.S. approved 8-2-17)
Docket 112
Tentative for 8/31/17:
None listed.
*************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
*************************************************************************** Tentative for 3/09/17:
The Court has reviewed Debtor's Third Amended Disclosure Statement ("TADS") filed 3/3/17 [Dk. 90] and notes the following:
The TADS does not reference the $100,000 post-petition payment to Debtor's secured lender.
The TADS states that a stipulation with the lender was reached and that the stipulation is attached [Dk. 90, pg. 5:25-6:2]; no stipulation was attached. The stipulation was subsequently filed 3/6/17 [Dk. 94]. The stipulation provides, among other things, that Debtor will pay $7,182.97 per month for the principal and an additional $2,885.00 commencing 3/1/17 for 60 months for the arrearages [Dk. 94, ¶¶2, 4], for a total of $10,067.97 per month for 60 months. As discussed below, Debtor states that the Plan will be funded by Debtor's income and references Ex. B, which describes Debtor's
11:00 AM
income as $10,600 per month.
While the TADS states that the success of Debtor's plan is contingent on a loan modification with the lender [Dk. 90, pg. 5:24-25], it does not state what the lender's position is with respect to loan modification. Debtor was previously instructed by the Court to include this information.
The TADS is internally inconsistent with respect to the amount that will be paid to unsecured creditors: at page 14:20-21, it provides that payments will be made in 60 equal monthly installments of $500 each, whereas as page 23:8-10 it provides that Debtor will pay $1,500 per month for 60 months. Moreover, in light of the amount Debtor will pay secured lender under the stipulation ($10,067.97), Debtor does not have any funds to pay unsecured creditors.
The TADS does not address the feasibility issues previously raised. At the last hearing, the Court specifically cautioned that the failure to address feasibility would result in conversion of the case.
As with the prior iterations of the disclosure statement, the TADS states that it has income and expense projections, and references Exhibit B, but that exhibit does not contain any projections. Rather, Exhibit B is a declaration of post-petition expenses, with a one-line statement that the Debtor receives $10,600 in total monthly income. See, Exhibit B [Dk. 90-1, pg. 9]. Without more, this fails to provide adequate information concerning feasibility. Moreover, the figures in Exhibit B differ from the amounts in the MORs, which, as pointed out by U.S. Bank in their prior Opposition [Dk. 76, page 4, lines 13-15] reflect fluctuations in income between $6,000 and
$12,000. This issue was previously pointed out in the 1/12/17 tentative. The most recently filed MOR [Dk. 86, pg. 2] indicates receipts of only $84.80.
Finally, the TADS does not provide an estimate of the outstanding fees owed to Debtor's counsel. While counsel states he has agreed to accept monthly payments [See, Dk. 90, pg. 11:21-28], without an estimated amount, the Court is further hindered in evaluating Debtor's future monthly obligations and ability to pay.
11:00 AM
Appearances required.
***************************************************************************** Tentative for 2/16/17 is to DISMISS or CONVERT. The Court would like to hear from the parties on whether dismissal or conversion is appropriate.
The background of this case is set forth in the tentative from 1/12/17, below. At the 1/12/17 hearing, the Court ordered the Debtor to:
File a Second Amended Disclosure Statement and Plan, addressing the oppositions field by the Bank and the United States Trustee, by no later than January 20, 2017. Further, since Debtor's plan is contingent upon a successful loan modification, the Court specifically advised Debtor to include what the Bank's position is on whether Debtor has successfully submitted a modification proposal.
Debtor filed a Second Amended Disclosure Statement and Plan by January 20, 2017 [Dk. 78]. Debtor did not adequately address all concerns and/or follow all instructions by the Court. Moreover, the Bank subsequently filed a declaration on 2/9/17 [Dk. 82] stating that the loan modification was denied. Both the Bank [Dk. 81] and the United States Trustee [Dk. 83] filed objections to the Second Amended Disclosure Statement, which address the treatment of the Bank's claim and feasibility.
File and serve a Notice of Continued Hearing, advising all parties that oppositions were due by February 9, 2017 and replies by the Debtor were due by February 16, 2017 at 11:00 a.m. (counsel could bring it to Court). The Court is unable to locate on the docket a Notice of Continued Hearing advising all parties of these deadlines.
File amended MORs by no later than February 10, 2017. The Court specifically warned that the failure to do so would result in the likely conversion of the case to chapter 7. The Debtor did not file amended MORs by February 10, 2017 (or, as of the date of the posting of this tentative).
Appearances required.
11:00 AM
**************************************************************************** Tentative for 1/12/2017 is to DENY.
As background, the Court notes that it denied the first Disclosure Statement, and required the Debtor to file and serve a First Amended Disclosure Statement and Plan by no later than November 17, 2016. See Order [Dk. 49]. The Debtor failed to file an amended disclosure statement by that time, and the Court issued an OSC re: dismissal. See OSC [Dk. 62]. The Court then entered a scheduling order [Dk. 68], extending the time for the Debtor to file an amended disclosure statement to December 21, 2016. The Debtor met this December 21, 2016 deadline, and today is the hearing. See Amended Disclosure Statement [Dk. 73]. Confusingly, the Debtor then filed another Amended Disclosure Statement on December 23, 2016. See [Dk. 75]. It is unclear whether these two documents are identical or not; however, the Court will assume the most recently-filed document is operative. A status conference in this case is currently set for 2/16/2017 at 11:00 a.m.
The Amended Disclosure Statement [Dk. 75] lacks adequate information:
The treatment and claim amounts listed in Class 2 for Select Portfolio Servicing ("SPS") as referenced in the Amended Disclosure Statement differ from the amounts as listed in the Plan. Compare [Dk. 75, page 13] with [Dk. 75-2, page 3]. This is confusing, and fails to apprise SPS of the treatment the Debtor is proposing.
The Amended Disclosure Statement states that it has income and expense projections, and references Exhibit B, but that exhibit does not contain any projections. Rather, Exhibit B is a declaration of post- petition expenses, with a one-line statement that the Debtor receives
$10,600 in total monthly income. See Exhibit B [Dk. 75-1, page 9]. Without more, this fails to provide adequate information concerning feasibility. Moreover, the figures in Exhibit B differ from the amounts in the MORs, which, as pointed out by U.S. Bank in their Opposition [Dk. 76, page 4, lines 13-15] reflect fluctuations in income between $6,000 and $12,000.
The liquidation analysis must be updated to reflect the value of assets,
11:00 AM
reduced by liabilities or exemptions. Instead, it simply lists a $0 value for exempt assets. This is insufficient for a liquidation analysis.
The Debtor failed to disclose funds on hand as of the effective date of confirmation.
Finally, the Court notes that no judge’s copies were provided by the Debtor of the Amended Disclosure Statement.
Physical appearances by Debtor's counsel and the Debtor are required.
*************************************************************************** Tentative for 12/15/2016:
Debtor's counsel filed a declaration [Dk. 66] on 12/10/2016 stating that he thought the chapter 11 case status conference was continued to 1/12/2017, but he failed to notice an amended order [Dk. 50] advancing the chapter 11 case status conference to 12/15/2016. The declaration does not, however, explain why debtor's counsel failed to file an amended plan and disclosure statement by 11/17/2016, as required by the Court's order [Dk. 49] entered on 10/12/2016.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 6/13/16)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17
Docket 0
Tentative for 8/31/17:
None listed.
**************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
************************************************************************* Tentative for 3/09/17:
See tentative for calendar item number 18.10.
************************************************************************** Tentative for 2/16/17:
See tentative for calendar item number 3.
*************************************************************************** Tentative for 12/15/2016:
See tentative for calendar item number 20.
11:00 AM
**************************************************************************** Tentative for 8/4/16 is to DISMISS or CONVERT:
Pursuant to the Order issued 6/15/16 [Dk. 10] (the "Order"), Debtor was required to serve the Order within 48 hours of receipt on the 20 largest unsecured creditors, all secured creditors and the U.S. Trustee. The docket does not indicate that such service occurred.
Additionally, the Order requires Debtor to file and serve a status report 14 days prior to the status conference, which report is to be supported by evidence and supporting documents and include a line-item budget for the first 60 days of the bankruptcy. Debtor filed a late status report [Dk. 25] on 7/30/2016, five days before this hearing.
The Order specifically provides:
FAILURE OF THE DEBTOR TO APPEAR (THROUGH COUNSEL, IF THE DEBTOR IS REPRESENTED), TO FILE A STATUS REPORT, OR TO SERVE THIS NOTICE AS REQUIRED MAY RESULT IN THE APPOINTMENT OF A CHAPTER 11 TRUSTEE, DISMISSAL OF THE CASE, OR CONVERSION TO A CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE.
The Court would like to hear from the U.S. Trustee on whether dismissal or conversion is appropriate.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 7/11/17)
Docket 0
Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
David Vincent Ross Represented By Michael Jones
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
1:30 PM
CONT'D Hearing RE: Motion For Order: (1) Approving Sale Of Estate Assets;
(2) Approving Stipulation Between Chapter 7 Trustee And Commonwealth Business Bank; And (3) Approving Stipulation Between Chapter 7 Trustee And Landlord William Landis, Trustee Of The William Landis Living Trust
(Motion filed 7/25/17) (OST Entered 8/17/17) FR: 8-16-17; 8-30-17
Docket 20
Tentative for 8/31/17:
This matter was continued by one day at the request of the Movant. Appearances required.
********************************************************************* Tentative for 8/30/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 8/16/17 is to CONTINUE this matter to 9/13/17 at 11:00 a.m. to allow the Movant to file, serve, and publish the notice of sale required under FRBP 6004 and LBR 6004-1.
Appearances for the 8/16/17 hearing are excused.
1:30 PM
Debtor(s):
Charles B Daye Represented By Michael R Totaro
Joint Debtor(s):
Alice L Daye Represented By
Michael R Totaro
Trustee(s):
Jeffrey I Golden (TR) Represented By Richard A Marshack Judith E Marshack Laila Masud
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Robert Whitmore, Trustee (Motion filed 8/15/17)
Re: 2010 Ford Fusion Sport, VIN 3FAHP0KC6AR423694 EH
Docket 20
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gloria B Vigil Represented By Terrence Fantauzzi
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Edward G. Schloss Law Corporation - movant attorney Motion for Relief from Stay
Bayview Loan Servicing, LLC vs DEBTORS (Motion filed 8/12/17)
RE: 20821 East Calora Street, Unit E4, Covina Area, CA 91723 EH
Docket 15
Grant pursuant to 11 U.S.C. §362 (d)(1) and §362(d)(4) with 4001(a)(3) waiver.
"To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012). Here, Movant has submitted evidence that the filing was part of a scheme to delay Movant and included an unauthorized transfer, as well as multiple filings.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
10:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
Justino Sanchez Pro Se
Joint Debtor(s):
Juana Sanchez Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Frank Whitehead III - movant attorney Motion for Relief from Stay
Heat Investment, LLC vs. DEBTORS (Motion filed 8/28/17)
Re: 11755 Malaga Drive, Rancho Cucamonga, CA 91730 .\ EH
Docket 18
Tentative is to DENY.
The Motion, filed and served on less than 21 days' notice, seeks relief from stay to proceed in an unlawful detainer action for the property located at 11755 Malaga Drive, Unit 1200, Rancho Cuchamonga, CA 91730, which is listed on Debtors' petition as their residence ("Property"). However, the Motion indicates that the Property is Nonresidential and the exhibits attached reference a commercial lease and unlawful detainer action for the commercial real property located at 334-338 Route 66, Glendora, CA 91740 ("Commercial Property").
The Court allows motions for relief from stay for residential unlawful detainer actions to be heard on shortened time provided specific service requirements are met, including that debtors are provided with telephonic notice of the hearing not less than 10 days prior to the hearing. Movant has not provided any evidence that telephonic notice was effected, and represents that that the Property is Nonresidential.
Moreover, no evidence is provided that Movant commenced an unlawful detainer action for the Property prepetition, or even that Movant is entitled to do so.
10:00 AM
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on Debtor's Motion filed 8/28/17 in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate
(OST entered 8/29/17) EH
Docket 8
Tentative for 9/12/17:
Service is improper. LBR 4001-1(d)(1) requires service of a motion seeking an extension of the stay to be made pursuant to subsection (c)(1) of LBR 4001-1. 4001-1(c)(1) requires service on the debtor and debtor's attorney, the trustee, lien holders if relief is sought as to property of the estate and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Debtor(s):
Rene Canal Represented By
Suzette Douglas
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 8/8/17 to Reopen Chapter 7 Case in Order to File Motion to Avoid Lien
EH
Docket 18
- NONE LISTED -
Debtor(s):
Nicolas Medina Represented By David R Chase
Trustee(s):
Sandra L Bendon (TR) Pro Se
11:00 AM
Hrg. on trustee's Motion filed 8/7/17 Objecting to Claim Number 53 by Claimant Homeowners Association Services
EH
Docket 197
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on trustee's Motion filed 8/7/17 Objecting to Claim Number 54 by Claimant SS Ship
EH
Docket 198
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on trustee's Motion filed 8/7/17 Objecting to Claim Number 55 by Claimant Temple Beth El Child Development Center
EH
Docket 199
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on trustee's Motion filed 8/7/17 Objecting to Claim Number 56 by Claimant Alonso Ojeda M.D.
EH
Docket 200
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 8/22/17 (1) Authorizing Sale of Real Property of the Estate (17122 Main Street, Hesperia, California) Free and Clear of Certain Liens Claims and Interests; (2) Confirming Sale to Third party of the Highest Bidder Appearing at the Hearing; (3) For Determination that Buyer is Entitled to 11 U.S.C. Section 363(m) Protection; and (4) Waiving the Fourteen Day Stay Prescribed by Bankruptcy Rule 6004
EH
Docket 116
Tentative for 9/12/17 is to approve overbid procedures. Trustee is to conduct an auction. The County of San Bernardino's liens, if any, will attach to the sales proceeds. The County's Opposition supports the Trustee's assertion that the County's liens, if any, are disputed and the property may be sold free and clear of such disputed liens pursuant to §363(f).
Debtor(s):
Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade
W. Derek May
Trustee(s):
Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin
Stephen F Biegenzahn
11:00 AM
Hrg. on Trustee's final report and account; applications for final fees and expenses
EH
Docket 0
Tentative for 9/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Renee Caples Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Trustee's Objection filed 8/3/17 to Claim Number 20 by Claimant Roger & Keyla Whitenhill
EH
Docket 42
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JBS Heating & Air Inc Represented By Jeffrey N Wishman
Trustee(s):
Helen R. Frazer (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion Objecting to Claim Number 33 by Claimant Maria and Trevor Fawbush
EH
Docket 43
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JBS Heating & Air Inc Represented By Jeffrey N Wishman
Trustee(s):
Helen R. Frazer (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 23
Tentative for 9/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Granada Foods Inc., a California Represented By
Gene E O'Brien
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 72
Tentative for 9/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
John D Louch Represented By
Julie J Villalobos
Joint Debtor(s):
Kelly A Louch Represented By Julie J Villalobos
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 7/26/17 for extension of time to file a complaint objecting to discharge
EH
Docket 46
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood
11:00 AM
Hrg. on U.S. Trustee's Motion filed 8/14/17 to Dismiss Case for Abuse and Contingent Motion to Extend Discharge and Dismissal Deadlines
EH
Docket 42
Tentative for 9/12/17 is to GRANT.
The U.S. Trustee ("UST") seeks dismissal of Debtors' case for presumed abuse under §707. Debtors' Means Test indicated disposable monthly income in excess of $3,500, which extrapolated over 60 months, exceeds the statutory minimum and 25% of Debtors' non-priority unsecured debt.
Debtors may rebut the presumption of abuse. In response to the UST's request for financial information, Debtors provided various financial documents and a late-filed opposition (filed September 6, 2017, but due August 29, 2017).
The UST asserts that Debtors over reported their taxes and under reported their income. Moreover, the only special circumstances asserted by Debtors in their response to the UST is a garnishment of $1,662.23 per month (which was not identified on the Means Test). After adjustments for the income and taxes, and including the garnishment into Debtors' monthly expenses, Debtors' net monthly disposable income still exceeds the statutory threshold (See, Ex. 6 to Au Decl) - the net monthly disposable income is $2,661.59, which is $159,695.40 over 60 months. The Debtors nonpriority unsecured debt is $521,911, 25% of that is $130,477.75.
Debtors' untimely opposition filed September 6, 2017 [Dk. 48] ("Opposition"), asserts special circumstances apply. It, however, provides no analysis on why the UST's numbers (which include the garnishment) are not accurate and
11:00 AM
would not be accurate under the circumstances described in the Opposition. Debtors did not meet their burden in rebutting the presumption of abuse.
Appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Marcus Gomez
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Marcus Gomez
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 8/18/17 of Stanton Place 2014, LLC for Indemnity Bond from Petitioning Creditors Pursuant to 11 U.S.C. 303(e)
EH
Docket 67
Tentative for 9/12/17:
The Court granted the petitioning creditor's motion to dismiss on August 30, 2017, with order pending.
This matter is VACATED.
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
11:00 AM
Hrg. on Order to Show Cause why case should not be dismissed for failure to make third installment payment
EH
Docket 0
- NONE LISTED -
Debtor(s):
Bryan Edward Hudson Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 8/23/17 for Motion for Order Compelling Attorney to File Disclosure of Compensation Pursuant to 11 U.S.C. 329 and Federal Rule of Bankruptcy Procedure 2016
EH
Docket 16
Tentative for 9/12/17 is to DENY as moot.
The Motion seeks an order compelling Debtor's attorney to file a disclosure of compensation. Debtor's attorney filed a disclosure of compensation on 8/28/17 [Dk. 18]. Accordingly, the relief requested in the Motion is moot.
Movant to withdraw the Motion or lodge an order within seven (7) days. Appearances at the 9/12/17 hearing are excused.
Debtor(s):
Kurt Eric Mekis Represented By John P O'Connell
Joint Debtor(s):
Leslie Sharlene Mekis Represented By John P O'Connell
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause why Debtor should not be dismissed (OSC entered 8/16/17)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference
(Order setting hearing entered 4/5/17) (Cont. from 8/29/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on U.S. Trustee Motion filed 3/1/17 to dismiss or convert Chapter 11 Case (Cont. from 8/29/17)
EH
Docket 98
- NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Debtor's Motion filed 8/22/17 to Dismiss Debtor Debtor-In-Possessions Motion For Order (1) Authorizing Debtor To Distribute Funds To Creditors; And
Dismissing Chapter 11 Case EH
Docket 162
- NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on First and Final Application filed 8/22/17 for Fees and Reimbursement of Expenses by Polis & Associates, a Professional Law Corporation, Counsel for Debtor/debtor-in-possession; Period: 8/22/2016 to 9/12/2017, Fee: $129,347.00, Expenses: $2,607.20
EH
Docket 164
- NONE LISTED -
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 0
Tentative for 9/12/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 10, 2017. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Claims. A bar date has already been set at September 30, 2017. The deadline for objecting to claims: February 28, 2018.
Continued case status conference: January 23, 2018 at 1:30 p.m. A status report is due 14 days in advance.
The Court notes Debtor's statement in the status report filed 8/9/17 [Dk. 41] that it "did not submit a 60-day line item budget as requested as Debtor has no income and no expenses". The budget was ordered and not "requested" by this Court's order entered 7/21/17 [Dk. 10], which specifically provides that "Debtor shall file a line item budget with the first status report which shall cover the first 60 days of the bankruptcy. The budget shall include all income and expenses of the Debtor." The Court requires this information to facilitate its review of the case. How are the administrative costs of this case being paid?
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 9/12/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 10, 2017. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Claims. A bar date has already been set at September 30, 2017. The deadline for objecting to claims: February 28, 2018.
Continued case status conference: January 23, 2018 at 1:30 p.m. A status report is due 14 days in advance.
The Court notes Debtor's statement in the status report filed 8/9/17 [Dk. 32] that "Debtor has no income and its only expenses is the cost of the appraisal of the Real Property. t therefore cannot submit a 60-day line budget as requested." The budget was ordered and not "requested" by this Court's order entered 7/26/17 [Dk. 11], which specifically provides that "Debtor shall file a line item budget with the first status report which shall cover the first 60 days of the bankruptcy. The budget shall include all income and expenses of the Debtor." The Court requires this information to facilitate its review of the case. How are the administrative costs of this case being paid? Debtor's attorney's fees? Property insurance? UST fees? The proposed accountant?
1:30 PM
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci
1:30 PM
McCarthy & Holthus, LLP - movants attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 8/10/17)
RE: 2015 Lexus GS350
EH
Docket 21
- NONE LISTED -
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones
1:30 PM
Adv#: 6:13-01205 Navarro v. Robertson et al
STATUS CONFERENCE re: Complaint to determine non-dischargeability of debt [11 USC Sec 523(a)(2), (4) and (6)]
(Cont. from 9/6/17) EH
Docket 1
Tentative for 9/13/17:
The Court has received and reviewed the status report filed 8/29/17 [Dk. 43] and will CONTINUE this matter to 1/24/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 12/14/2016:
The Court has received and reviewed the status report filed 11/18/2016 [Dk. 40] and will CONTINUE this matter to 9/6/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 8/31/2016:
The Court has received and reviewed the status report filed 8/6/2016 [Dk. 38]
1:30 PM
and will CONTINUE this matter to 12/14/2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 03/09/16:
The Court has received and reviewed the status report filed 2/24/16 [Dk. 36] and will CONTINUE this matter to August 31, 2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 11/18/15:
The Court has received and reviewed the status report filed 10/27/15 [Dk. 34] and will CONTINUE this matter to March 9, 2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 8/19/2015:
The Court has received and reviewed the joint status report filed 8/5/2015 [Dk. 33] and will CONTINUE this matter to 11/18/2015, at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances at the 8/19/2015 status conference are excused.
**************************************************************************** Tentative for 4/1/2015:
The Court has received and reviewed the joint status report filed 3/17/2015
1:30 PM
[Dk. 31] and will CONTINUE this matter to 8/19/2015, at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances at the 4/1/2015 status conference are excused.
******************************************************************************* Tentative for 11/19/14:
The Court has received and reviewed the joint status report filed 11/5/14 [Dk. 29] and will CONTINUE this matter to April 1, 2015 at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 5/7/14:
The Court has received and reviewed the joint status report filed 4/22/14 [Dk. 25]. This matter has been generally stayed pending resolution of the underlying state court proceeding. The Court will CONTINUE the status conference to November 12, 2014 at 1:30 p.m. A joint status report is due 14 days in advance, in which the parties are directed to include specifics about the status of the state court proceeding (i.e., whether judgment has been entered, and if not, when trial is scheduled, etc.).
Appearances are excused for the 5/7/14 status conference.
**************************************************************************** Tentative for 11/13/13:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff date: February 1, 2014. Note: this date includes the date by which all discovery motions must be heard and resolved.
1:30 PM
Motion cutoff date: March 1, 2014. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: April 2, 2014, at 1:30 p.m.
******************************************************************************* Tentative for 8/28/13:
Matter is VACATED. The status conference was CONTINUED by the Court at the 8/7/13 hearing on Defendant's motion to dismiss to 11/13/13 at 1:30 p.m.
Debtor(s):
Linda Sue Robertson Pro Se
Defendant(s):
Denny Robertson Pro Se
Linda Sue Robertson Pro Se
Plaintiff(s):
Jorge Navarro Represented By Edgar P Lombera
Trustee(s):
Todd A. Frealy (TR) Pro Se
Todd A. Frealy (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01300 Bruner et al v. Singh
Status Conference re: Complaint by John Bruner, Irene Bruner against Pradeep Singh pursuant to §523(a)(2) and §523(a)(4)
(Cont. from 6/7/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
Irene Bruner Pro Se
John Bruner Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny))
(Cont. from 6/7/17) EH
Docket 1
- NONE LISTED -
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
William Cooper Pro Se
Cheryl Cooper Pro Se
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
1:30 PM
Plaintiff(s):
Cheryl Cooper Represented By Gregory W Brittain
William Cooper Represented By Gregory W Brittain
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01304 Taylor v. Singh et al
PRE-TRIAL CONFERENCE RE: Complaint by Carole Taylor against Rindi P Singh, Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 6/6/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Represented By
M Wayne Tucker
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
1:30 PM
Plaintiff(s):
Carole Taylor Represented By Elliott R Speiser
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:15-01326 Frazer v. Dorati et al
PRE-TRIAL CONFERENCE re Complaint by Helen R. Frazer against Austin Dorati, Brooke Dorati. (Charge To Estate). for: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 2) Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code
§§3439.04, 3439.05, 3439.07]; 3) Avoidance of Preferential Transfers and
Recovery of Same [11 U.S.C. §§ 547, 550]; 4) Disallowance of Claims [11
U.S.C. §502(d)]; 5) Unjust Enrichment [11 U.S.C. §105]; 6) Declaratory Relief [11 U.S.C. § § 547, 548, FRBP 7001(9)]; and 7) Turnover [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))
(Cont. from 7/19/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Gustavo Daniel Dorati Represented By Christopher C Barsness
Defendant(s):
Brooke Dorati Pro Se
Austin Dorati Pro Se
1:30 PM
Plaintiff(s):
Helen R. Frazer Represented By Elyza P Eshaghi
Trustee(s):
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01004 Simons v. Castellanos et al
PRE TRIAL CONFERENCE re Complaint by Larry D Simons against Irma N Castellanos, Rufilo Castellanos; Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))),(13 (Recovery of money/property - 548 fraudulent transfer))
EH
(Con't from 5/10/17)
Docket 1
- NONE LISTED -
Debtor(s):
Francisco Xavier Castellanos Represented By
James Geoffrey Beirne
Defendant(s):
Rufilo Castellanos Pro Se
Irma N Castellanos Represented By Michael Jay Berger
Plaintiff(s):
Larry D Simons Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
1:30 PM
1:30 PM
Adv#: 6:17-01119 Laski v. On Deck Capital
STATUS CONFERENCE re: Complaint by Richard J Laski v. On Deck Capital For: (1) Avoidance And Recovery Of Preferential Transfers [11 U.S.C. §§ 547 (b), And 550]; (2) Avoidance And Recovery Of Post-Petition Transfers [11
U.S.C. §§ 549, And 550]; And (3) Preservation Of Avoided Transfers [11 U.S.C.
§ 551]
EH
Docket 1
Tenative for 9/13/17:
This Court has reviewed the Notice of Settlement filed by Plaintiff on 8/30/17 [Dk. 8] and will CONTINUE this matter to 11/15/17 at 1:30 p.m. as a holding date. If this matter is not dismissed, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Defendant(s):
On Deck Capital Pro Se
Plaintiff(s):
Richard J Laski Represented By
1:30 PM
Trustee(s):
M Douglas Flahaut
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut Sevan Gorginian
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
PRE-TRIAL CONFERENCE re: Complaint by Go-Fresh Produce, Inc. against Martin Coria. fraud as fiduciary, embezzlement, larceny))
(Cont. from 8/30/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Pro Se
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta
Trustee(s):
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
Hrg. on Plaintiff's Motion filed 8/16/17 to Reconsider Order Denying Motion for Summary Judgment
EH
Docket 48
- NONE LISTED -
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Represented By
Leonard J Cravens
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta June T Monroe
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Rika Kido
Lynda T Bui
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
Hrg. on Plaintiff's Motion For Summary Judgment Against Defendant Martin Coria
EH
Docket 38
- NONE LISTED -
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Represented By
Leonard J Cravens
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Rika Kido
Lynda T Bui
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
Hrg. on Plaintiff's Motion filed 8/15/17 for Default Judgment EH
Docket 28
Tentative for 9/13/17 is to DENY:
Before the Court is the Motion for Default Judgment filed by Brownie Trading, Inc. a California Corporation and Goon Chou Chan ("Plaintiffs") on 8/15/17 [Dk. 28]. Plaintiffs seek nondischargeability of $220,166.00 pursuant to §523 (a)(2)(A).
Default judgment is not to be granted as a matter of right merely because a party fails to answer or defend such suit. Although the general rule is that on default, facts alleged in the complaint are taken as true, except with respect to damages, entry of default does not automatically entitle the Plaintiff to a default judgment. In re Villegas, 132 B.R. 742, 746 (B.A.P. 9th Cir. 1991). ("[E]ntry of default does not automatically entitle the nondefaulting party to entry of a default judgment regardless of the fact that the effect of entry of a default is to deem allegations admitted.") Moreover, the Bankruptcy Court has wide discretion to require that Plaintiff submit sufficient proof of facts to make out a prima facie case before granting its motion for default judgment. In re Beltran, 182 B.R. 820, 823 (B.A.P. 9th Cir. 1995).
Section 523(a)(2)
Title 11 U.S.C. § 523(a)(2)(A) excepts from discharge a debt "for money, property, services, or an extension, or renewal, or refinancing of credit, to the extent obtained, by false pretenses, a false representation or actual fraud, other than a statement respecting the debtor’s or insider’s financial condition." Section 523(a)(2)(A) requires that Plaintiffs must establish the following five
1:30 PM
elements:
misrepresentation, fraudulent omission or deceptive conduct by the debtor; (2) knowledge of the falsity or deceptiveness of his statement or conduct; (3) an intent to deceive; (4) justifiable reliance by the creditor on the debtor's statement or conduct; and (5) damage to the creditor proximately caused by its reliance on the debtor's statement or conduct.
Ghomeshi v. Sabban (In re Sabban), 600 F.3d 1219, 1222 (9th Cir. 2010); Oney v. Weinberg (In re Weinberg), 410 B.R. 19, 35 (9th Cir. BAP 2009). The creditor bears the burden of proving all five elements by a preponderance of the evidence. Grogan v. Garner, 498 U.S. 279, 291 (1991).
"In evaluating whether a debtor intended to deceive a creditor by misrepresentation or false pretenses, the bankruptcy court must look at the debtor's intention at the time the misrepresentation was made." In re Fitch, 2011 WL 3300928 (B.A.P. 9th Cir. Apr. 7, 2011) (citing In re Bath, 2010 WL 4118109, at *7 (Bankr. E.D. Pa. 2010)). "Because direct evidence of intent to deceive is rarely available, the intent to deceive can be inferred from the totality of the circumstances, including reckless disregard for the truth." In re Fitch, 2011 WL 3300928 (B.A.P. 9th Cir. Apr. 7, 2011) (quoting In re Gertsch, 237 B.R. at 167–68; Household Credit Servs., Inc. v. Ettell (In re Ettell), 188 F.3d 1141, 1145 n.4 (9th Cir. 1999).
Plaintiffs submit the Declaration of Angie Ma in support. [Dk. 283]. Ms. Ma testifies that in July, 2015 she met with Defendant to discuss a business deal at which time he represented he was in the soft shell turtle business and wanted to expand to include live frogs. Defendant presented profit projections and generally provided a business plan and terms of an investment with which she was impressed. Ms. Ma further testifies that she met Defendant again on September 1, 2015 at his warehouse where Defendant suggested that Plaintiffs also invests in his soft-shell turtle business and again proposed terms of an investment. (¶¶4-8). Ms. Ma testifies that, relying upon Defendant’s representations, Plaintiff’s gave $220,166 to Defendant. (¶11).
She further asserts that "Defendant represented that he would secure Plaintiffs’ investment by issuing several checks as security." (¶10).
1:30 PM
Finally, Ms. Ma testifies that she was informed in January 21, 2016 through January 25, 2016 that Defendant had stopped payment on the checks he had given her as security (¶12), that, even though she demanded it, Defendant never provided any evidence that he used the money in support of his represented seafood importation use (¶13) and that he has failed to repay
$220,166.00. (¶14).
Preliminarily, the Court is not convinced that a misrepresentation was made. Plaintiffs would have the Court infer that since Defendant cancelled checks and never provided any evidence that he used the money in support of his represented seafood importation use, that he misrepresented his intended use of the funds. There is simply no evidence that Defendant did or did not use the money in his seafood business.
Even assuming there was a misrepresentation, there is insufficient evidence that Defendant intended to deceive Plaintiffs at any time. Without evidence of intent, the Plaintiffs are unable as a matter of law to prevail on their § 523(a) (2)(A) claim.
Therefore, the Plaintiff’s Motion for Default Judgment must be DENIED.
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
Vansy Thaopaset Pro Se
JACKIE SIUTRI CAM Pro Se
EE Shun Ling Pro Se
Highland Fresh Poultry, a California Pro Se Alan Mok Pro Se
1:30 PM
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By Mary M Sun Jason Chuan
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01026 Hitchman et al v. Dupree-Yeager
STATUS CONFERENCE re: Complaint by Bruce Hitchman, LeeAnn Hitchman against Tashauna Lynn Dupree-Yeager - 523(a)(4)
(Cont. from 5/10/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Tashauna Lynn Dupree-Yeager Represented By Gary S Saunders
Defendant(s):
Tashauna Lynn Dupree-Yeager Pro Se
Plaintiff(s):
LeeAnn Hitchman Represented By Arnold H Wuhrman
Bruce Hitchman Represented By Arnold H Wuhrman
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01074 SchoolsFirst Federal Credit Union v. Mills-Forkner
STATUS CONFERENCE re: Complaint by SchoolsFirst Federal Credit Union against Felicia D Mills-Forkner - 523(a)(2)(A)
(Cont. from 6/28/17) EH
Docket 1
Tentative for 9/13/17:
None listed.
**************************************************************************** Tentative for 6/28/17 is to CONTINUE this matter to September 13, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Plaintiff is to file and serve its motion for default judgment by no later than July 31, 2017 and may set it for hearing or follow the appropriate local rules and have it determined without a hearing.
Appearances for the 6/28/17 hearing are excused.
Debtor(s):
Felicia D Mills-Forkner Represented By Michael Smith
Defendant(s):
Felicia D Mills-Forkner Pro Se
1:30 PM
Plaintiff(s):
SchoolsFirst Federal Credit Union Represented By
Jesse Melendrez
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01074 SchoolsFirst Federal Credit Union v. Mills-Forkner
Hrg. on Plaintiff's Motion filed 8/15/17 for Default Judgment EH
Docket 10
- NONE LISTED -
Debtor(s):
Felicia D Mills-Forkner Represented By Michael Smith
Defendant(s):
Felicia D Mills-Forkner Pro Se
Plaintiff(s):
SchoolsFirst Federal Credit Union Represented By
Jesse Melendrez
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01120 Modern Adjustment Bureau v. O'Neal
Status Conference re Complaint by ModernAdjustment Bureau, Joshua Paul O'Neal against Joshua Paul O'Neal false pretenses, false representation, actual fraud
EH
Docket 1
- NONE LISTED -
Debtor(s):
Joshua Paul O'Neal Represented By Daniel King
Defendant(s):
Joshua Paul O'Neal Pro Se
Plaintiff(s):
Modern Adjustment Bureau Represented By Lloyd D Dix
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Hrg. on Order to Show Cause Why Case Should Not Be Dismissed for Lack of Counsel
EH
Docket 0
- NONE LISTED -
Debtor(s):
United Capital Funding Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Adv#: 8:15-01406 Marshack v. Citicards et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential And Fraudulent Transfers [11 U.S.C. Sections 544, 547, 548, 550, And 551]
(Complaint filed 10/26/15) (Alias Summons issued 10/28/15) (PTC set at S/C held 4/27/16)
FR: 1-13-16; 3-2-16; 4-27-16; 10-19-16; 12-14-16; 4-19-17; 6-7-17
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Citibank Represented By
Deborah L Schrier-Rape
Citicards Represented By
Deborah L Schrier-Rape
Citigroup, Inc. Represented By
Deborah L Schrier-Rape
10:00 AM
Citibank, N.A. Represented By
Deborah L Schrier-Rape
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
CONT'D Hearing RE: Motion Of Defendants To Dismiss Complaint (Motion filed 7/6/17)
FR: 8-16-17
Docket 6
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Claimplus, Inc. Represented By Kelly S Biggins
American Casualty Company of Represented By Kelly S Biggins
Continental Casualty Company Represented By Kelly S Biggins
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
Hearing RE: Plaintiff's Motion For Order Approving Filing Of Judgments In State Actions Against Non-Debtor, Michael Koper
(Motion filed 8/22/17)
Docket 189
Appearances required.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01250 Case et al v. Farino
PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, And Injunctive Relief
(Complaint filed 11/21/16)
(PTC set per Order Entered 2-7-17) FR: 2-15-17
Docket 1
Tenative for 9/13/17:
This Court has reviewed the Notice of Settlement filed by Defendant on 8/30/17 [Dk. 9] and will CONTINUE this matter to 11/8/17 at 11:00 a.m. as a holding date. If this matter is not dismissed, a status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 2/15/17:
The Court has determined that this matter is appropriate for disposition without a hearing and hereby VACATES the 2/15/17 status conference. Accordingly, it will set the following dates/deadlines:
Discovery cutoff: June 30, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motions cutoff: August 2, 2017. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: September 13, 2017 at 10:00 a.m.
10:00 AM
The parties are specifically advised that the failure to precisely follow all applicable local and federal rules may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days. No appearances are required for the 2/15/17 hearing.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Defendant(s):
Richard A Farino Pro Se
Plaintiff(s):
Deborah Case Represented By Paul J Gutierrez
Case Concrete Services, Inc. Represented By Paul J Gutierrez
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01102 Valencia, Jr v. Bentz
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargability Of Debt
(Complaint filed 6/1217)
(Another Summons issued 6/27/17) FR: 8-30-17
Docket 1
Tentative for 9/13/17 is to set the following dates/deadlines:
Discovery cutoff: January 15, 2018 Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 28, 2018. None: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: March 14, 2018 at 10:00 a.m.
The parties are advised to cooperate and follow all applicable local and federal rules precisely. The failure to do so may result in the imposition of monetary and or non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order withing seven days. The lodged order should reflect that its form has been approved by counsel for all parties.
Appearances are excused.
Debtor(s):
Krista Marie Bentz Represented By
10:00 AM
Kevin J Kunde
Defendant(s):
Ryann Bradley Bentz Pro Se
Joint Debtor(s):
Ryann Bradley Bentz Represented By Kevin J Kunde
Plaintiff(s):
Jose Valencia Jr Represented By Michael A Fluetsch
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01108 Farmers & Merchants Bank Of Long Beach v. Mugar et al
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17)
Docket 1
Tentative for 9/13/17 is to set the following dates/deadlines:
Discovery cutoff: Plaintiff seeks a February, 2018 deadline. Defendant seeks a deadline of 11/30/17. The complaint, filed in June, 2017, seeks nondischargeability of $48,300 and a denial of discharge pursuant to §727(a) (2). Plaintiff's stated reason for the delay in trial readiness is "other trials." Without more information, the Court will not provide Plaintiff with an eight month window to do discovery in this straightforward case. The Court is inclined to set December 15, 2017 as the deadline, with the caveat that the deadline includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 12, 2018. This date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: March 14, 2018 at 10:00 a.m.
The parties are specifically advised to follow all local and federal rules precisely. The failure to do so may result in the imposition of monetary and non-monetary sanctions, including the dismissal of the action or striking of the answer.
Appearances are excused.
Plaintiff is to lodge an order within 7 days. The lodged order should reflect that its form has been approved by counsel for all parties.
10:00 AM
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback
Defendant(s):
Sandra Mugar Pro Se
Bradley B Mugar Pro Se
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
Ronald Appel
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11
U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16) (PTC set at S/C held 5/11/16)
FR: 5-11-16; 10-19-16; 12-14-16; 4-19-17; 7-12-17
Docket 1
- NONE LISTED -
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Plaintiffs' Motion To Compel Compliance With Docket 66 RE: Email Production
(Motion filed 4/10/17) (OST Entered 4-12-17)
[Holding Date]
FR: 4-19-17; 5-10-17 at 10:00 a.m.; 5-10-17 at 11:00 a.m.; 8-2-17
Docket 82
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Motion For Order: (1) Approving Sale Of Estate Assets;
Approving Stipulation Between Chapter 7 Trustee And Commonwealth Business Bank; And (3) Approving Stipulation Between Chapter 7 Trustee And Landlord William Landis, Trustee Of The William Landis Living Trust
(Motion filed 7/25/17) FR: 8-16-17
Docket 20
- NONE LISTED -
Debtor(s):
Charles B Daye Represented By Michael R Totaro
Joint Debtor(s):
Alice L Daye Represented By
Michael R Totaro
Trustee(s):
Jeffrey I Golden (TR) Represented By Richard A Marshack Judith E Marshack
11:00 AM
Hearing RE: Motion to Dismiss Case (Motion filed 8/18/17)
Docket 14
- NONE LISTED -
Debtor(s):
Dorian Ruby Elizabeth Silverberg Pro Se
Joint Debtor(s):
Richard Lee Silverberg Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply Rule 1006(b) - Installments
[RE: $335.00 Installment Fee Was Due On August 10, 2017]
Docket 0
- NONE LISTED -
Debtor(s):
Dorian Ruby Elizabeth Silverberg Pro Se
Joint Debtor(s):
Richard Lee Silverberg Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Lamar Investment, Inc. vs. DEBTORS (Motion filed 8/19/17)
[RE: 25501 Ponce Court, Laguna Hills, CA 92653]
Docket 30
Tentative for 9/14/17 is to DENY in part and GRANT in part.
The Motion is DENIED with respect to § 362(d)(1) and (d)(2) since there is no automatic stay from which to grant relief. This Court already entered an order confirming that no automatic stay was ever in effect in this case pursuant to § 362(c)(4)(A)(ii). See Dk. 16. Reopening a closed case does not impose or reimpose the automatic stay. See In re Menk, 241 B.R. 896, 914 (9th Cir.
B.A.P. 1999).
However, the Motion is GRANTED with respect the Movant's request for an order confirming no stay is in effect.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael Louis Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
10:00 AM
Joint Debtor(s):
Susan Waxman Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Real Property]
Arvest Central Mortgage Company, Its Successors And/Or Assigns vs. DEBTORS
(Motion filed 6/29/17)
[RE: 4429 E. Azure Avenue, North Las Vegas, Nevada, 89115]
FR: 8-3-17
Docket 22
Tentative for 9/14/17 is to GRANT.
This matter was continued to allow Movant to effect proper service. The defect in service has been cured [Dk. 29, 30].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
****************************************************************************** Tentative for 8/03/17 is to DENY.
Service is improper. The movant did not serve the entity scheduled by the Debtors, Washtenaw Mrg Co/Central Morgage Compan [sic], as required by LBR 4001-1(c)(1)(B) (requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001).
10:00 AM
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A. d/b/a Wells Fargo Dealer Services vs. DEBTORS (Motion filed 8/15/17)
[RE: 2012 Mercedes-Benz SL550, VIN: No.: WDBSK7BA4CF168970]
Docket 26
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles B Daye Represented By Michael R Totaro
Joint Debtor(s):
Alice L Daye Represented By
Michael R Totaro
Trustee(s):
Jeffrey I Golden (TR) Represented By Richard A Marshack
10:00 AM
Judith E Marshack
10:00 AM
Motion for relief from stay [Personal Property]
Financial Services Vehicle Trust, By And Through Its Servicer, BMW Financial Services NA, LLC vs. DEBTORS
(Motion filed 8/17/17)
[RE: 2015 BMW 428i Convertible - VIN No: WBA3V7C58F5A24251]
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late aopposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Amparo Eugenia Pereda Coll Represented By Rachelle Shakoori
Joint Debtor(s):
Robert Chris Coll Represented By Rachelle Shakoori
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Financial Services Vehicle Trust, By And Through Its Servicer, BMW Financial Services NA, LLC vs. DEBTORS
(Motion filed 8/17/17)
[RE: 2015 BMW 428i Gran Coupe - VIN No.: WBA4A9C56FGL85958]
Docket 14
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late aopposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Amparo Eugenia Pereda Coll Represented By Rachelle Shakoori
Joint Debtor(s):
Robert Chris Coll Represented By Rachelle Shakoori
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Jadhav D. Patil, Jai Vidhata LP vs. DEBTOR (Motion filed 8/22/17)
[RE: 3560 W Christine Circle, #3, Anaheim, CA 92804]
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late aopposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kerry Ann Palmer Represented By Gary S Saunders
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Karen S. Naylor,
Chapter 7 Trustee (Motion filed 8/23/17)
[RE: 2014 Honda Civic - VIN No.: 2HGF G3B8 8EH5 24656]
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ruben Medina Paramo Represented By Mike Sethi
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Kinecta Federal Credit Union vs. DEBTOR (Motion filed 8/21/17)
[RE: 2010 Ford Edge Sport Utility Vehicle] [VIN No.: 2 FM DK3GC7ABA40990]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late aopposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ronica Lynn Lamas Represented By Rex Tran
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Petitioners' Motion For Order Disallowing The Following Claims:
(Motion filed 3/24/15)
Claim 152 U.S. Bank National Association as Trustee $9,248,337.28 on Behalf of the Registered Holders Of GS
Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 2012-GCJ9
FR: 5-12-16; 6-30-16; 9-1-16; 11-3-16; 1-12-17; 4-20-17; 6-29-17
Docket 495
Tentative for 9/14/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe
11:00 AM
Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Daily Mortgage Fund III, LP Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
11:00 AM
CONT'D Hearing RE: Petitioners' Motion For Order Disallowing The Following Claims:
(Motion filed 3/24/16)
Claim No. 155 Deutsche Bank Trust Company Americas
$1,933,855.15
as Trustee on behalf of the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Commercial Mortgage
Pass-Through Certificates, Series 2012-C8
Claim 157 Deutsche Bank Trust Company Americas
$2,906,465.33
as Trustee on behalf of the Registered Holders of WFRBS Commercial Mortgage Pass-Through Certificates, Series 2011-C3
Claim No. 160 Deutsche Bank Trust Company Americas
$2,041,653.81
as Trustee on behalf of the Registered Holders of WFRBS Commercial Mortgage Pass-Through Certificates, Series 2012-C6
FR: 5-12-16; 6-30-16; 9-1-16; 11-3-16; 1-12-17; 4-20-17; 6-29-17
Docket 491
Tentative for 9/14/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
11:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Daily Mortgage Fund III, LP Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
11:00 AM
CONT'D Hearing RE: Debtors' Motion For Order Disallowing Claim: (Motion filed 2/10/17)
Claim No. 8 Fernando Hernandez $257,000.00
Claim No. 15 Fernando Hernandez $257,000.00 FR: 3-16-17
Docket 167
- NONE LISTED -
Debtor(s):
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
11:00 AM
Motion for relief from stay [Real Property]
Bayview Loan Servicing, LLC, As Servicing Agent For The Bank Of New York Mellon FKA The Bank Of New York As Trustee For The Certificate Holders Of The CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-HY6, Mortgage Pass-Through Certificates, Series 2007-HY6 vs. DEBTOR
(Motion filed 8/15/17)
[RE: 1271 Federal Avenue, Unit 302, Los Angeles, CA 90025]
Docket 101
Tentative for 9/14/17 is to DENY:
Service is improper. The movant did not serve the junior lienholder, Bank of America, to the attention of an officer, managing or general agent or to any other authorized agent. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17) FR: 6-15-17; 6-29-17
Docket 0
Tentative for 9/14/17:
This matter is CONTINUED to October 5, 2017 at 11:00 a.m. to accommodate the Examiner's Request contained in his report filed 9/1/17 [Dk. 64].
Appearances are excused for the 9/14/17 status conference.
******************************************************************************** Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
*********************************************************************************** Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order
11:00 AM
entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Hearing RE: Application For Order Authorizing Debtors To Employ The Bisom Law Group As General Counsel
(Application filed 6/5/17)
[Hearing set per Order Entered 7/19/17 - Docket no. 52]
Docket 28
Tentative for 9/14/17:
Under the circumstances of this case, the Court is not inclined to approve the provision in the Application which provides "for post-petiition payments as needed to insure that the amount on retainer is sufficient to cover the fees incurred". (Application, ¶3, pg. 2, Dk. 28). Any post-petition payments must be made pursuant to order of this Court.
Subject to the foregoing, the Court will approve employment. If the Applicant agrees, the Applicant may submit an appropriate order providing for the foregoing and the hearing will be vacated. If the Applicant wishes to be heard on this matter, the Court will CONTINUE it to10/5/17 at 11:00 a.m.
Appearances for the 9/14/17 hearing are excused.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Hearing RE: Motion For Order Authorizing Use Of Cash Collateral And Use Of Property Of The Estate Not In The Ordinary Course Of Business
(Motion filed 8/21/17)
Docket 39
Tentative for 9/14/17 is to DENY without prejudice:
Service is improper. Motion was not served as required by FRBP 4001 (b)(1)(A) which provides that a motion for use of cash collateral shall be made in accordance with FRBP 9014. FRBP 9014(b), in turn, requires service
"in the manner provided for service of a summons and complaint by Rule 7004..."
The Court is unconvinced that the retention of an unlicensed contractor to perform nearly $30,000 worth of roof repairs will benefit the estate or adequately protect its secured creditors' interest (which is Debtor's burden).
The Court requires clarification as to whether or not Debtor believes the rental income is cash collateral. In its Opposition filed 8/31/17 [Dk. 44] to the U.S. Trustee's Motion to Dismiss, Debtor states "Debtor does not believe that any of the trust deed holders have a perfected security interest in the rental income generated by that property. Accordingly, Debtor believes that the rental income from that property is not cash collateral."
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion By The United States Trustee To Dismiss Case Or Convert Case To A Case Under Chapter 7 Pursuant To 11 U.S.C. Section 1112 (b); And Request For Any Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 8/16/17)
Docket 29
Tentative for 9/14/17 is to DENY without prejudice.
The U.S. Trustee ("UST") seeks dismissal under §1112(b) of Debtor's Chapter 11 case primarily on the following grounds: (1) Debtor cannot fund a plan; (2) Debtor has failed to comply with the UST reporting requirements; (3) Debtor failed to file a motion for approval of cash collateral and used cash collateral without approval; and (4) Debtor has failed to file appropriate MORs. Debtor opposed the motion on 8/31/17 [Dk. 44]. Debtor argues it can fund a plan and submits evidence of UST compliance, amendments, and the filing of its MORs. The Court also notes that a motion for use of cash collateral has been filed.
The bankruptcy court has broad discretion in determining what constitutes “cause” under section 1112(b). See Chu v. Syntron Bioresearch, Inc. (In re Chu), 253 B.R. 92, 95 (S.D. Cal. 2000). The movant bears the burden of establishing by a preponderance of the evidence that cause exists.
StellarOne Bank v. Lakewatch LLC (In re Park), 436 B.R. 811, 815 (Bankr.
W.D. Va. 2010).
The only significant outstanding issue before the Court with respect to this motion is whether cause exists under §1112(b) based on the UST's arguments that the Debtor can not fund a plan, as Debtor's opposition adequately addresses all other asserted grounds. The UST did not meet its burden. Other than asserting the insider status of some of the renters and the arrearages owed, UST fails to provide sufficient evidence (or argument) of
11:00 AM
Debtor's inability to fund a plan.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
10:00 AM
Hrg. on chapter 7 trustee's Emergency motion filed 9/18/17 for Writ of Possession of Real Property (6737 East Ave., Rancho Cucamonga, CA); Declaration of Helen R. Frazer in Support Thereof
EH
Docket 622
Debtor(s):
Richard John Rinard Pro Se
Trustee(s):
Helen R. Frazer (TR) Represented By
Helen R. Frazer (TR) D Edward Hays Arjun Sivakumar Laurel R Zaeske
9:30 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
CONT'D Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
(Date Reserved per Order Entered 1/17/17 - docket no. 532]
FR: 4-17-17; 5-8-17; 6-12-17; 7-10-17; 8-23-17
Docket 532
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Robert Hall Represented By
David Brian Lally Harland L Burge
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
9:30 AM
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Plaintiff(s):
Allan W Reumont Represented By Robert N Ives
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Law Office of Derek May - movant attorney Motion for Relief from Stay
Title-Realty Services, Inc. vs. DEBTOR (Motion filed 7/31/17)
(Cont. from 8/29/17)
Re: 16270 Chippewa Rd., Apple Valley, CA EH
Docket 39
Tentative for 10/3/17 is to DENY for the reasons set forth in the Opposition filed on 9/19/17 [Dk. 45] by Steven Speier, Chapter 7 Trustee for the Bankruptcy Estate of Clifford Allen Brace, Jr.
Debtor(s):
All Construction Services, Inc. Represented By Paul M Stoddard Stephen R Wade
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Law Offices of Autin P. Nagel - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs DEBTORS (Motion filed 8/30/17)
Re: 30659 Lily Pond Ln., Murrieta, CA 92563 EH
Docket 16
Tentative for 10/03/17 is to DENY:
Service is improper. The movant did not serve the other lienholders (Planet Home Lending and the IRS) scheduled by the Debtor. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001 (emphasis added). FRBP 4001 (a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Debtor(s):
Christopher R Lucking-Webb Represented By Parisa Fishback
10:00 AM
Joint Debtor(s):
Maryla M Lucking-Webb Represented By Parisa Fishback
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for relief from stay
American Honda Finance Corporation vs. DEBTORS (Motion filed 9/8/17)
Re: 2011 Honda Crosstour, VIN: 5J6T F1H5 2BL0 04063 EH
Docket 19
NONE LISTED -
Debtor(s):
Christopher R Lucking-Webb Represented By Parisa Fishback
Joint Debtor(s):
Maryla M Lucking-Webb Represented By Parisa Fishback
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Mark D. Estle - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion for Relief filed 9/12/17)
Re: 2012 TOYOTA Highlander; VIN: JTEBC3EH3C2005598
EH
Docket 18
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jordan Grant Kelly Williams Represented By Nicholas M Wajda
Joint Debtor(s):
Jessica Cheri Williams Represented By Nicholas M Wajda
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Reynolds, Jensen, Swan & Pershing, LLP - movant attorney Motion for Relief from Stay
Dan Samarin, Trustee vs. DEBTOR (Motion filed 8/1/17)
(Cont. from 8/29/17)
Re: 41120 Elm Street, Suites A, B & C, Murrieta, CA 92562 EH
Docket 12
Tentative for 10/03/17:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver and annulment as requested.
Movant has provided evidence that his actions after Debtor's bankruptcy case was filed were taken without knowledge of the automatic stay, as Debtor did not advise Movant of her bankruptcy filing until July 30, 2017. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr. LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further
10:00 AM
hearing is required and Movant will be so notified. Movant to lodge an order within seven (7) days.
************************************************************************ Tentative for 8/29/17 is to DENY for improper service.
LBR 4001-1(c)(1)(A) requires service of a motion for relief from stay upon the Debtor and Debtor's attorney. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
The proof of service indicates that Debtor was served via email to "ksmith@ambassadorenvergy.com". However, Kelly Smith (listed on the petition as the President) is not on the NEF notice list. Therefore, there is no indication the correct email was used or that Kelly Smith consented to receive service via email, as required by the Federal Rules.
Debtor(s):
Ambassador Energy, Inc. Represented By
Robert B Rosenstein
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
Bayview Loan Servicing, LLC vs DEBTOR (Motion filed 9/6/17)
Re: 1442 South Ross Street, Santa Ana, CA 92707 EH
Docket 9
NONE LISTED -
Debtor(s):
Maria Elena Mejia Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
LBS Financial Credit Union vs. DEBTORS (Motion filed 9/6/17)
Re: 2011 Honda Odyssey, VIN 5FNL5H60BB050907
EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
The request for an annulment is granted. Movant has provided evidence that its actions in regaining possession of the vehicle after Debtor's bankruptcy case was filed were taken without knowledge of the automatic stay. Further, Debtor has not provided any evidence that annulment is not warranted.
Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr. LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Jason T. Wessely Represented By Keith Q Nguyen
Joint Debtor(s):
Ashley M. Wessely Represented By Keith Q Nguyen
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gge, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 8/30/17)
Re: 2014 Dodge Dart, VIN 1C3CDFBB2ED767534
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Randy Hernandez Represented By Christopher Hewitt
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Frank Whitehead III - movant attorney Motion for Relief from Stay
Heat Investment, LLC vs. DEBTORS (Motion filed 8/28/17)
(Cont. from 9/12/17)
Re: 11755 Malaga Drive, Rancho Cucamonga, CA 91730 .\ EH
Docket 18
Tentative for 10/03/17 is to DENY:
Improper Notice. This matter was continued from 9/12/17 to allow the Movant to address the issues identified in the below tentative. Local Rules require that Movant provide 21 days' notice of the hearing, See LBR 9013-1, applicable to motions for relief from stay pursuant to LBR 4001-1(a). The Court is unable to verify proper notice and service as the Proof of Service attached to the First Amended Motion filed on 9/22/17 is neither signed nor dated.
************************************************************************** Tentative for 9/12/17 is to DENY.
The Motion, filed and served on less than 21 days' notice, seeks relief from stay to proceed in an unlawful detainer action for the property located at 11755 Malaga Drive, Unit 1200, Rancho Cuchamonga, CA 91730, which is listed on Debtors' petition as their residence ("Property"). However, the Motion indicates that the Property is Nonresidential and the exhibits attached reference a commercial lease and unlawful detainer action for the commercial
10:00 AM
real property located at 334-338 Route 66, Glendora, CA 91740 ("Commercial Property").
The Court allows motions for relief from stay for residential unlawful detainer actions to be heard on shortened time provided specific service requirements are met, including that debtors are provided with telephonic notice of the hearing not less than 10 days prior to the hearing. Movant has not provided any evidence that telephonic notice was effected, and represents that that the Property is Nonresidential.
Moreover, no evidence is provided that Movant commenced an unlawful detainer action for the Property prepetition, or even that Movant is entitled to do so.
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on Debtor's Motion filed 8/28/17 in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate
(OST entered 8/29/17) (Cont. from 9/12/17)
EH
Docket 8
Tentative for 10/03/17:
Notice is improper. Movant filed a proof of service on 9/17/17 [Dk. 19] which indicates that all interested creditors were served, correctly, with the original motion on 9/16/17. The original motion was noticed for a 9/12/17 hearing.
The docket does not indicate that all interested creditors were provided notice of the 10/3/17 continued hearing date.
**************************************************************************** Tentative for 9/12/17:
Service is improper. LBR 4001-1(d)(1) requires service of a motion seeking an extension of the stay to be made pursuant to subsection (c)(1) of LBR 4001-1. 4001-1(c)(1) requires service on the debtor and debtor's attorney, the trustee, lien holders if relief is sought as to property of the estate and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” The motion was not served pursuant to FRBP 7004(b)(3).
10:00 AM
Debtor(s):
Rene Canal Represented By
Suzette Douglas
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg on trustee's Motion filed 8/17/17 Objecting to Claim Number 61 by Claimant Thresh Hold Indoor Rock Climbing Gyms, Inc.
EH
Docket 205
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg on trustee's Motion filed 8/17/17 Objecting to Claim Number 70 by Claimant Jennifer's Bindery, Inc.
EH
Docket 206
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg on trustee's Motion filed 8/17/17 Objecting to Claim Number 95 by Claimant Pacific Coast Home Care LLC
EH
Docket 207
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg on trustee's Motion filed 8/17/17 Objecting to Claim Number 99 by Claimant Agave Landform, Inc.
EH
Docket 208
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 8/18/17 Objecting to Claim Number 102 by Claimant Eye Institute Medical Group, Inc. and Claim No. 98 by The Eye Surgery Center
EH
Docket 213
Tentative for 9/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Trustee's Objection filed 8/18/17 to Claim Number 78 by Claimant Vacuum Metalizing, Co., Inc.
EH
Docket 214
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Trustee's Objection filed 8/18/17 to Claim Number 45 by Claimant Jurupa Hills Country Club LLC
EH
Docket 215
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 79
Tentative for 10/03/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Hector Angel Garcia Represented By David Lozano
Joint Debtor(s):
Christina Lyn Garcia Represented By David Lozano
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Hrg. on U.S. Trustee's Fifth Motion filed 9/12/17 To Continue Evidentiary Hearing On Order To Show Cause Why Timothy Reed, Nancy Jin, The Howard Law Firm, And Vincent Howard Should Not Be Sanctioned $2,000.00 Jointly And Severally And Ordered To Disgorge Fees
EH
Docket 207
Tentative for 10/03/17:
This matter is uncontested.
The hearing on 11/7/17 at 11:00 a.m. is CONTINUED to December 19, 2017 at 11:00 a.m. as a holding date, pending the filing of adversary proceedings by the U.S. Trustee. Once the adversary proceedings are filed, the evidentiary hearing on the OSC will be consolidated with the adversary proceedings.
Appearances are excused.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion filed 9/12/17 for Order: (1) Approving the sale of real property of the estate pursuant to Bankruptcy Code § 363(b)(1) and subject to overbids, combined with notice of bidding procedures and request for approval of the bidding procedures utilized; (2) Approving payment of real estate commission and other costs; and (3) Granting related relief
EH
Docket 72
Tentative for 10/03/17 is to approve overbid procedures. Trustee is to conduct an auction.
Debtor(s):
Isabel Tenorio Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 48
Tentative for 10/03/17 is to APPROVED as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Carey Ann Asmundson Represented By Michael E Clark
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 8/30/17 to Close Case but Retain Estate's Interest in Real Property as Asset of Estate
EH
Docket 18
Tentative for 10/3/17:
The Court will continue the hearing to October 17, 2017, at 11:00 a.m. to allow Debtor the opportunity to file a sur-reply responding to the evidence and legal argument cited by the Trustee in his Reply [Dk. 23]. Debtor's response to Trustee's Reply, if any, is due one week prior to the continued hearing date.
Appearances excused.
Debtor(s):
Michele Lee Alexus Represented By Terrence Fantauzzi
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hearing on Trustee's Motion to Disallow Claims No. 3 filed by Cavalry SPV I, LLC
EH
Docket 30
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Steve De La Rosa Represented By Gabriel Z Chavez
Joint Debtor(s):
Susana Tapia Represented By
Gabriel Z Chavez
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 9/13/17 for Order Approving Compromise of Controversy Pursuant to Federal Rule of Bankruptcy Procedure 9019
EH
Docket 64
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg. on Chapter 7 Trustee's Motion file 9/12/17 for Order: (1) Authorizing the Trustee to Sell Real Property (52610 Chickadee Lane, Idyllwild, California) Pursuant to 11 U.S.C. Section 363(b); (2) Approving Overbid Procedures; (3) Approving Compensation of Trustee's Real Estate Agent; (4) Authorizing Distribution of Sale Proceeds, Including the Distribution of Exempt Funds to the Debtor; and (5) Waiving 14 Day Stay Imposed by Federal Rules of Bankruptcy Procedure 6004(h)
EH
Docket 60
Tentative for 10/03/17 is to APPROVE overbid procedures. Trustee to conduct an auction.
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg. on Debtor's Motion filed 9/7/17 to Motion to Avoid Judicial Lien with Arrow Financial Services, LLC, A.F.S. Assignee of HSBC Bank Nevada, N.A.
EH
Docket 13
Tentative for 10/03/17:
This matter is CONTINUED to 11/7/17 at 11:00 a.m. to allow Movant to effectuate proper service upon Arrow Financial Services, LLC:
Movant served the lienholder as follows:
(Per CA SOS website)
Arrow Financial Services, LLC
A.F.S. Assignee of HSBC Bank Nevada, N.A. 5996 West Tough Niles
Niles, Illinois 60714-4610
(Counsel for A.F.S. Assignee of HSBC Bank Nevada, NA.) Mark D. Walsh, Esq.
1097 Vega Way
San Marcos, CA 92708-2820
(Per FDIC website) HSBC Bank USA, N.A.
Attn: CEO
1800 Tysons Blvd.
McLean, VA 22102
(Via certified mail)
There is no evidence, however, that Movant served Arrow Financial Services,
11:00 AM
LLC pursuant to FRBP 7004(b)(3), which requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” The service upon Mark D. Walsh, Esq. is insufficient as there is no evidence that Mr. Walsh agreed to accept service for the lienholder in this matter. The service upon HSBC, which is proper as to HSBC, is insufficient as to Arrow Financial Services, LLC.
Appearances for the 10/03/17 hearing are excused.
Debtor(s):
Lourdes Torres Miclat Represented By Anthony B Vigil
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 9/7/17 to Motion to Avoid Judicial Lien with Vion Holdings, LLC
EH
Docket 14
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Lourdes Torres Miclat Represented By Anthony B Vigil
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 8/31/17 for Motion Objecting to Certain of Debtors' Claimed Exemptions in Property of the Estate
EH
Docket 0
NONE LISTED -
Debtor(s):
Lance Grundl Represented By
Jerald Scott Bennett
Joint Debtor(s):
Doreen Dronet Represented By
Jerald Scott Bennett
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
1:30 PM
Hrg. on San Bernardino County Treasurer Tax Collector Motion filed 7/27/17 to Convert or Dismiss Debtor's Chapter 11 Bankruptcy case
EH
(Cont. from 8/29/17)
Docket 148
Tentative for 10/03/17 is to GRANT motion and convert case to Chapter 7. Appearances required.
************************************************************************ Tentative for 8/29/17 is to CONTINUE to October 3, 2017 at 1:30 p.m. to
allow Movant to properly notice all creditors, as required by FRBP 2002(a)(4).
Appearances for the 8/29/17 hearing are excused.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on U.S. Trustee's Motion filed 8/25/17 to dismiss or convert Chapter 11 Case
EH
Docket 150
Tentative for 10/03/17 is to GRANT motion and convert case to Chapter 7. Appearances required.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 5/9/17)
EH
Docket 0
Tentative for 10/03/17:
This matter is CONTINUED to November 14, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 10/03/17 hearing are excused.
*************************************************************************** Tentative for 5/9/17:
On 3/21/17, as Dk. No. 3, the Court entered an Order (1) Setting Scheduling Hearing and Case Management Conference and (2) Requiring Status Report ("Order"). The Order scheduled the status hearing for 5/9/17, and, among other things, required the Debtor to serve a copy of the Order on the 20 largest creditors within 48 hours and file a status report 14 days prior to the hearing.
As of the posting of this tentative, it does not appear that any proof of service regarding the Order was filed.
Moreover, while a Status Report was tardily filed on May 2, 2017 [Dk. 36], it fails to fully comply with the Order. Most notably, it does not include the required line-item budget covering the first 60 days of the bankruptcy.
Counsel should be prepared to discuss why this case should not be
1:30 PM
dismissed for failure to comply with this Court's Order. Appearances are required.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Objection filed 8/25/17 to Claim Number 5 by Claimant Verican, Inc.
EH
Docket 55
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Objection filed 8/25/17 to Claim Number 3 by Claimant City News Services Inc.
EH
Docket 56
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Objection filed 8/25/17 to Claim Number 11 by Claimant David Canales/Kurtis Cee Photgraphy.
EH
Docket 57
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Objection filed 8/25/17 to Claim Number 10 by Claimant Advanced Web Offset Inc.
EH
Docket 58
Tentative for 10/03/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Motion filed 8/22/17 by Alleged Debtor for Summary Judgment Regarding Petitioning Creditors' Petition for Involuntary Bankruptcy [F.R.Civ. P. 56 As Incorporated in Bankruptcy Rule 7056
EH
Docket 81
NONE LISTED -
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Order to show cause why the court should not dismiss or convert chapter 11 case for failure to maintain workers' compensation insurance
EH
Docket 0
Tentative for 10/3/17:
The Court has received and reviewed the Declaration of Jefferey C. Foster filed on 9/26/17 [Dk. 130] in response to this Court's OSC [Dk. 113]. The Court would like to hear additional information from all parties regarding any other exposure to the Estate that may result from the co-employment agreement and any gap in worker's compensation or other insurance.
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham
12:00 PM
Hearing RE: Petitioning Creditors' Emergency Motion To Resolve Disputes Under The Second Amended Liquidating Chapter 11 Plan
(Motion filed 9/28/17)
Docket 1637
NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/14/17 Between Debtor and Santander Consumer USA Inc., dba Chrysler Capital, in the amount of
$23,169.72
Re: 2014 Dodge Charger
Docket 11
NONE LISTED -
Debtor(s):
Jose Antonio Melgar Henriquez Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and California Coast Credit Union, in the amount of $12,522.56
Re: 2013 Toyota Rav4
Docket 14
NONE LISTED -
Debtor(s):
Nicholas Rens Pro Se
Joint Debtor(s):
Natalie Rens Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/15/17 Between Debtor and Castle Credit Co Holdings, LLC, in the amount of $5,852.12
Re: Advanced Water Treatment System
Docket 14
NONE LISTED -
Debtor(s):
Mario Hernandez Pro Se
Joint Debtor(s):
Angelica Maria Giles Corona Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement Between Debtor and Cab West, LLC, in the amount of $10,384.77
Re: 2016 Ford Fiesta VIN: 3FADP4GXPGM123558
Docket 14
NONE LISTED -
Debtor(s):
Gloria B Vigil Represented By Terrence Fantauzzi
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement Between Debtor and Cab West, LLC, in the amount of $7,101.67
Re: 2016 Ford Fiesta, VIN: 3FADP4EJ3GM108020
Docket 15
NONE LISTED -
Debtor(s):
Gloria B Vigil Represented By Terrence Fantauzzi
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/11/17 between Debtor and ACAR Leasing LTD in the amount of $16,878.60
Re: 2017 Chevrolet Cruze
Docket 9
NONE LISTED -
Debtor(s):
Kathy Spafford Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/29/17 Between Debtor and Santander Consumer USA Inc. in the amount of $16,308.59
Re: 2014 Chevrole Impala Limit VIN: 2G1WC5E3XE1184790
Docket 9
NONE LISTED -
Debtor(s):
Natalie Miya Green Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $20,479.04
Re: 2015 Nissan Rogue, VIN: KNMAT2MT4FP507978
Docket 17
NONE LISTED -
Debtor(s):
RAMIR TUAZON VILLAGRACIA Represented By
Mark D Edelbrock
Joint Debtor(s):
MARITESS BAGATT Represented By Mark D Edelbrock
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/10/17 between Debtor and Pacific Marine Credit Union in the amount of $15,499.22
Re: 2008 Toyota Highlander Limited Sport
Docket 18
NONE LISTED -
Debtor(s):
Joan Harris Represented By
Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/15/17 between Debtors and TD Auto Finance LLC in the amount of $35,710.95
Re: 2016 Dodge Charger
Docket 14
NONE LISTED -
Debtor(s):
Adam Rivera Represented By
Stephen H Darrow
Joint Debtor(s):
Kristie Marie Morales Represented By Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/16/17 Between Debtors and Toyota Motor Credit Corporation in the amount of $17,331.70
Re: 2014 Toyota Camry
Docket 16
NONE LISTED -
Debtor(s):
Adam Rivera Represented By
Stephen H Darrow
Joint Debtor(s):
Kristie Marie Morales Represented By Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:17-01153 Positive Investments A California Corporation v. Rinard
Hrg. on Status Conference in a Removed Action
Docket 0
NONE LISTED -
Debtor(s):
Richard John Rinard Pro Se
Defendant(s):
Richard J Rinard Pro Se
Plaintiff(s):
Positive Investments A California Represented By
Lori E Eropkin
Trustee(s):
Helen R. Frazer (TR) Represented By
Helen R. Frazer (TR) D Edward Hays Arjun Sivakumar Laurel R Zaeske
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
Hrg. on Plaintiff's Motion filed 8/16/17 to Reconsider Order Denying Motion for Summary Judgment
(PARTIES MUST PHYSICALLY APPEAR IN SANTA ANA CTRM 5C. NO TELEPHONIC APPEARANCES ARE PERMITTED)
EH
Docket 48
NONE LISTED -
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Represented By
Leonard J Cravens
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta June T Monroe
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Rika Kido
1:30 PM
Lynda T Bui
1:30 PM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
PRE-TRIAL CONFERENCE re: Complaint by Go-Fresh Produce, Inc. against Martin Coria. fraud as fiduciary, embezzlement, larceny))
(Cont. from 8/30/17)
(PARTIES MUST PHYSICALLY APPEAR IN SANTA ANA CTRM 5C. NO TELEPHONIC APPEARANCES ARE PERMITTED)
EH
Docket 1
Tentative for 10/4/17:
The Court has received and reviewed the Proposed Unilateral Pretrial Order lodged by Plaintiff on 9/20/17 [See Dk. 59]. The Court notes Plaintiff has not complied with the local rules regarding filing a separate declaration with the unilateral pretrial stipulation. See 7016-1(e). The Court is not inclined to approve the Proposed Unilateral Pretrial Order under these circumstances.
The Court is inclined to sanction Defendant's counsel $350 for failure to participate in a joint pretrial stipulation in accordance with the local rules for a second time.
The Court is inclined to set the matter for trial on February 27, 2018, at 10:00 a.m.
Appearances required.
***************************************************************************** Tentative for 5/10/17:
1:30 PM
The Proposed Unilateral Pre-Trial Order lodged 4/26/17 [Dk. 31] is not accompanied by a declaration as required by LBR 7016-1(e)(1) ("At the same time [as the lodging of the unilateral pretrial stipulation], plaintiff must file and serve a declaration asserting the failure of the other parties and/or counsel for the parties to respond.").
The Court is also unclear why the existence of the Judgment identified in ¶B.1 is a fact which must be litigated.
Appearances required.
**************************************************************************** Tentative for 3/08/17:
The Court has received and reviewed the Stipulation filed 2/27/17 [Dk. 25] and will CONTINUE this matter to 3/15/17 at 1:30 p.m.
Appearances are excused for the 3/08/17 hearing.
***************************************************************************** Tentative for 1/18/2017:
This matter is CONTINUED to 3/8/17 at 1:30 p.m. for the purposes of having the parties prepare and submit a joint pretrial order by no later than 2/22/17.
Plaintiff lodged a Unilateral Proposed Pretrial Statement on 1/5/17 [Dk. 19], which contains the following statement at pg. 2, lines 8-10: "Both attorneys agreed to Plaintiff submitted this Unilateral Pre-Trial Order but to also work on a joint statement to be filed in the following week as well as attempt to settle the case." This statement indicates to the Court that the document filed is not and was not intended to be a final document. Accordingly, the parties are instructed to submit a joint pretrial statement by no later than 2/22/17.
Appearances are excused for the 1/18/17 hearing.
***************************************************************************
1:30 PM
Tentative for 6/22/16 is to set the following dates/deadlines:
Discovery cutoff: October 31, 2016. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: December 15, 2016. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: January 18, 2017 at 1:30 p.m.
The parties are specifically advised to follow all applicable local and federal rules. The failure to do so may result in the issuance of monetary or non- monetary sanctions, including dismissal of the action or striking of the answer.
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Pro Se
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta
Trustee(s):
Helen R. Frazer (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01053 Financial Services Vehicle Trust v. Arias
PRE-TRIAL CONFERENCE re: Complaint by Financial Services Vehicle Trust against Dariel Escalante Arias., false pretenses, false representation, actual fraud))
(Cont. from 8/16/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Dariel Escalante Arias Represented By
James D. Hornbuckle
Defendant(s):
Dariel Escalante Arias Pro Se
Plaintiff(s):
Financial Services Vehicle Trust Represented By
Timothy J Silverman
Trustee(s):
John P Pringle (TR) Pro Se
John P Pringle (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
1:30 PM
Adv#: 6:16-01053 Financial Services Vehicle Trust v. Arias
Hrg. for Order for parties to Appear and Show Cause why this case should not be dismissed and the parties sanctioned for failure to timely file pretrial stipulation
EH
Docket 0
- NONE LISTED -
Debtor(s):
Dariel Escalante Arias Represented By
James D. Hornbuckle
Defendant(s):
Dariel Escalante Arias Represented By
James D. Hornbuckle
Plaintiff(s):
Financial Services Vehicle Trust Represented By
Timothy J Silverman
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Adv#: 6:17-01060 Hart DBA Ocean Auto Sales v. Lenocker
STATUS CONFERENCE Re: Complaint to determine dischargeability to debt pursuant to 11 U.S.C. § 523(a)(4) and §523 (a)(3)(B)
(Cont. from 8/16/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Diana Marie Lenocker Represented By Daniel King
Defendant(s):
Diana Marie Lenocker Pro Se
Plaintiff(s):
Wallace L. Hart DBA Ocean Auto Represented By
Fritz J Firman
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01060 Hart DBA Ocean Auto Sales v. Lenocker
Hrg. on Order Show Cause why this cases should not be dismissed for failure to prosecute, or alternatively, why both Parties should not be sanctioned for failure to comply with the Local Bankruptcy Rules
EH
Docket 0
- NONE LISTED -
Debtor(s):
Diana Marie Lenocker Represented By Daniel King
Defendant(s):
Diana Marie Lenocker Pro Se
Plaintiff(s):
Wallace L. Hart DBA Ocean Auto Represented By
Fritz J Firman
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01022 Whitmore v. E*Trade Securities, LLC
STATUS CONFERENCE re: Complaint by Robert Whitmore against E*Trade Securities, LLC (Recovery of money/property - 542 turnover of property)
(Cont. from 7/12/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Maria Hazhel Ylagan Cosico Represented By Nathan Fransen
Defendant(s):
E*Trade Securities, LLC Pro Se
Plaintiff(s):
Robert Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
STATUS CONFERENCE re: Complaint by BROWNIE TRADING INC., Goon
Chou Chan against Jackie Cam, an individual, Alan Mok, an individual, EE Shun Ling, an individual, Vansy Thaopaset, an individual, and DOES 1-20, inclusive
(Cont. from 8/2/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Alan Mok Pro Se
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se
Plaintiff(s):
Goon Chou Chan Represented By Mary M Sun Jason Chuan
BROWNIE TRADING INC. Represented By
1:30 PM
Trustee(s):
Mary M Sun Jason Chuan
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01115 Romex Textiles, Inc. v. Ra
Status Conference re: Complaint by Romex Textiles, Inc. against Sung Su Ra - 523(a)(4), 523(a)(6)
EH
(Cont. from 8/30/17)
Docket 1
Tentative for 10/04/17 is to set the following dates/deadlines:
Discovery cutoff: 12/31/17. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutofff: 1/31/18. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Mediation cutoff: 1/31/18 4. Pretrial: 3/6/18 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all appliable local and federal rules precisely. The failure to do so may result in the imposition of monetary and or non-monetary sanctions, including the striking of the answer or dismissal of the action.
Plaintiff is to lodge a scheduling order within seven days.
*************************************************************************** Tentative for 8/30/17:
LBR 7016-1 requires that a joint status report be completed and filed no later
1:30 PM
than 14 days before the first status conference hearing. As of the posting of this tentative, no joint or unilateral status report has been filed in this case.
The Parties should be prepared to discuss why the case should not be dismissed for failure to prosecute and the Court should not sanction each party $100 for failure to comply with local rules.
Appearances required.
Debtor(s):
Sung Su Ra Represented By
Young K Chang
Defendant(s):
Sung Su Ra Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01115 Romex Textiles, Inc. v. Ra
Hrg. on Order to Show Cause re: Dismissal for Failure to Prosecute EH
Docket 0
Tentative for 10/04/17:
The Court has reviewed the Reply filed by Plaintiff on 9/1/17 [Dk. 9] and by Defendant on 9/19/17 [Dk. 11] in which both counsels admit to failing to calendar the status conference in this matter.
The Court is inclined to sanction each party $100.00.
Personal appearances in Courtroom 5C in Santa Ana are required.
Debtor(s):
Sung Su Ra Represented By
Young K Chang
Defendant(s):
Sung Su Ra Represented By
Young K Chang
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01081 United States Trustee for the Central District of v. Ott
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Terry Ott Objecting To Discharge Or, Alternatively, Seeking Dismissal Of Case For Abuse With Prejudice (727(c),(d), (e))
(Cont. from 7/12/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Terry Ott Pro Se
Defendant(s):
Terry Ott Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Abram Feuerstein esq
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order (1) Authorizing Sale Of MSJJ Judgment Free And Clear Of Liens, Claims And Interests; (2) Approving Overbid Procedures; (3) Determining That Purchaser Is A Good Faith Purchaser; (4) Waiving The Fourteen (14) Day Stay Prescribed By Rule 6004(h) Of The Federal Rules Of Bankruptcy Procedure; And (5) Requesting Payment Of Contingency Fee
(Motion filed 9/8/17
[Tele. appr., Steven J. Mitnick, repr., SM Financial Services Corp.]
Docket 505
Tentative for 10/4/17 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Hearing RE: Motion Of Chapter 7 Trustee To Sell Assets (Motion filed 9/8/17)
[Tele. appr., Steven J. Mitnick, repr., SM Financial Services Corp.]
Docket 502
Tentative for 10/4/17 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11
U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16) (PTC set at S/C held 5/11/16)
FR: 5-11-16; 10-19-16; 12-14-16; 4-19-17; 7-12-17; 8-13-17
[Tele. appr., David B. Lally, repr., Johnnie Carlin]
Docket 1
Tentative for 10/04/17:
The Court has received and reviewed the Pre-Trial Stipulation filed on September 2, 2017. Counsel should be prepared to discuss dates for trial and whether this matter is appropriate for trial by declaration. The Court is inclined to schedule trial for the week of January 29, 2018.
************************************************************************** Tentative for 5/11/16 is to set the following dates/deadlines:
Discovery cutoff date: July 31, 2016. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff date: September 15, 2016. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: October 19, 2016 at 10:00 a.m.
The parties are specifically advised to precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary
11:00 AM
and or non-monetary sanctions, including the dismissal of the action or the striking of the answer.
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Objection To The Debtor's Claimed Homestead Exemptions (Motion filed 8/22/17)
Docket 43
Tentative for 10/4/17 is to GRANT.
Trustee's objection is sustained. Debtor shall be allowed a homestead exemption in the real property located at 25712 Grissom Road, Laguna Hills, CA, in the amount of $100,000. Debtor's claimed homestead exemption in the real property located at 601 Carolina Beach Ave., Unit 1D, Carolina Beach, NC, is disallowed in its entirety.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
William Burks Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Objections To Debtor's Claims Of Exemption (Motion filed 8/23/17)
(Set per Notice of Hearing filed 9/5/17)
Docket 13
Tentative for 10/04/17 is to OVERRULE the objections to Debtor's claimed exemptions for the following reasons:
Lack of evidentiary support. The factual assertions in the objection to Debtor's exemptions are not supported by a declaration as required by LBR 9013-1(i).
The Debtor's asserted exemptions do not exceed the statutory amounts. Objecting creditor provides no argument or analysis on the basis for this objection.
The objections to Debtor's exemption to the Support Arrearages are denied as that property is no longer property of the Estate. See Order Granting Trustee's Motion Abandoning the Estate's Interest, if any, in Support Arrearages, entered August 15, 2017 [Dk. 11].
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Hearing RE: Motion for relief from stay [Unlawful Detainer]
Mahdek 4 Property Partners, LLC vs. DEBTOR (Motion filed 9/13/17)
[RE: 2424 Francisco Drive, Newport Beach, CA 92660]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gregory's Care Residence, Inc. Represented By Darren G Smith
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion Pursuant To Bankruptcy Rule 9019(a) For Approval Of Settlement And Compromise Resolving Appeals Pursued By Integrated Financial Associates, Inc.
(Motion filed 9/13/17)
Docket 760
Tentative for 10/05/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Randall William Blanchard Represented By Marc J Winthrop
Garrick A Hollander Jacob C Gonzales
Trustee(s):
Richard Pachulski (TR) Represented By Teddy M Kapur Jeremy V Richards
11:00 AM
Hearing RE: First And Final Application For Approval Of Compensation And Reimbursement Of Expenses For The Period From February 12, 2016 Through June 30, 2017
(Application filed 8/28/17)
[RE: PACHULSKI STANG ZIEHL & JONES LLP - Attorneys for Debtor] [Fees: $1,204,638.50; Expenses: $46,028]
[Capped Fees: $400,000.00; Expenses: $46,028.83]
Docket 456
Tentative for 10/05/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Application Of Debtor And Debtor-In-Possession To Employ Sall Spencer Callas & Krueger As Special Counsel
(Motion filed 8/8/17)
(Set per Notice of Hearing filed 9/5/17)
Docket 98
Tentative for 10/05/17 is to GRANT the application to employ Sall Spencer Callas & Krueger as special counsel for Debtor. The objection filed by the Beitler Creditors on 8/22/17 [Dk. 106] is overruled as it offers no substantive basis for objecting to the proposed employment.
Appearances required.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Motion Of Debtor And Debtor-In-Possession To Extend Exclusivity Pursuant To 11 U.S.C. Section 1121(d)
(Motion filed 9/5/17)
(Set per Notice of Hearing filed 9/5/17)
Docket 105
Tentative for 10/5/17 is to GRANT.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17
Docket 0
Tentative for 10/5/17:
The Court has received and reviewed the Status Reports filed on 8/31/17 [Dk. 63] by Debtor and on 9/1/17 [Dk. 64] by the Examiner, Arturo Cisneros. The Court is planning on issuing an order to show cause why the case should not be dismissed or converted to Chapter 7, based on the Examiner's Status Report.
Appearances required.
******************************************************************************** Tentative for 9/14/17:
This matter is CONTINUED to October 5, 2017 at 11:00 a.m. to accommodate the Examiner's Request contained in his report filed 9/1/17 [Dk. 64].
Appearances are excused for the 9/14/17 status conference.
******************************************************************************** Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
11:00 AM
*********************************************************************************** Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
11:00 AM
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
CONT'D Hearing RE: Application For Order Authorizing Debtors To Employ The Bisom Law Group As General Counsel
(Application filed 6/5/17)
[Hearing set per Order Entered 7/19/17 - Docket no. 52] FR: 9-14-17
Docket 28
Tentative for 10/05/17:
As of the posting of this tentative, no order has been submitted as permitted by the below tentative. The Court's tentative ruling is to approve the Applicant's employment subject to the modifications described below.
Appearances required.
************************************************************************** Tentative for 9/14/17:
Under the circumstances of this case, the Court is not inclined to approve the provision in the Application which provides "for post-petiition payments as needed to insure that the amount on retainer is sufficient to cover the fees incurred." (Application, ¶3, pg. 2, Dk. 28). Any post-petition payments must be made pursuant to order of this Court.
Subject to the foregoing, the Court will approve employment. If the Applicant agrees, the Applicant may submit an appropriate order providing for the foregoing and the hearing will be vacated. If the Applicant wishes to be heard on this matter, the Court will CONTINUE it to10/5/17 at 11:00 a.m.
Appearances for the 9/14/17 hearing are excused.
11:00 AM
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Hearing RE: Motion By United States Trustee Motion To Dismiss Case Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(b); And Request For Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 8/24/17)
Docket 59
Tentative for 10/05/17:
The UST seeks dismissal based upon Debtors' failure to file their July MOR and to pay outstanding quarterly fees. Debtors filed an opposition on 9/14/17 [Dk. 68], asserting that both issues have been resolved. The July MOR was filed 9/14/17 [Dk. 67]. The Court notes that while a declaration was not filed in support of the opposition, if the UST confirms payment of the quarterly fees at the hearing, the Court will deny the motion. Alternatively, the UST may withdraw the motion prior to the hearing.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Motion for relief from stay [Real Property]
Select Portfolio Servicing, Inc., As Servicing Agent For U.S. Bank National Association, As Trustee, Successor In Interest To Bank Of America, National Association As Trustee As Successor By Merger To LaSalle Bank, National Association As Trustee For WAMU Mortgage Pass-Through Certificates Series 2007-HY6 Trust, Its Assignees And/Or Successors And Servicing Agent Select Portfolio Servicing, Inc. vs. DEBTOR
(Motion filed 9/1/17)
[RE: 4047 Lincoln Avenue, Culver City, CA 90232]
Docket 33
- NONE LISTED -
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
1:30 PM
Adv#: 6:16-01183 Extreme Equipment Leasing, LLC v. Fulgham
PRE-TRIAL CONFERENCE re: Complaint by Extreme Equipment Leasing, LLC, Steven Lane Fulgham against Steven Lane Fulgham. Dischargeability - 523(a) (2), (a)(6)
(Cont. from 1/18/17) EH
Docket 1
Debtor(s):
Steven Lane Fulgham Represented By Lazaro E Fernandez
Defendant(s):
Steven Lane Fulgham Pro Se
Plaintiff(s):
Extreme Equipment Leasing, LLC Represented By
Daniel L Hough
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 9/23/14)
(Post-Confirmation S/C set at S/C held 9-3-15)
FR: 11-20-14; 12-11-14; 1-29-14; 2-5-15; 2-11-14; 2-19-15; 5-21-15; 7-2-15; 7-
23-15; 9-3-15; 3-17-16; 3-31-16; 9-29-16; 3-9-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Adv#: 8:15-01131 ISC8 Inc. v. Meyer
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 74 Filed By Alan Meyer And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (S/C set at PTC held 3-16-17)
FR: 6-4-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Alan Meyer Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01132 ISC8 Inc. v. Fagan
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 30 Filed On Behalf Of Kenneth T. Fagan And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-
16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Kenneth T. Fagan Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01133 ISC8 Inc. v. Paul Ross, as Trustee of the Irving Schotz Family
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 76 Filed By Paul Ross, As Trustee Of The Irving Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3-16-17)
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-
17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Paul Ross, as Trustee of the Irving Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01134 ISC8 Inc. v. Paul Ross, as Trustee of the David Schotz Family T
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 75 Filed By Paul Ross, As Trustee Of The David Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-
16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Paul Ross, as Trustee of the David Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01135 ISC8 Inc. v. Leo Genecco & Sons, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 77 Filed By Leo Genecco & Sons Inc., And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Leo Genecco & Sons, Inc. Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01136 ISC8 Inc. v. Genecco
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 78 Filed By David Genecco, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
David Genecco Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01137 ISC8 Inc. v. Norton
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 83 Filed By Brendalyn Norton, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Brendalyn Norton Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01139 ISC8 Inc. v. Furlong
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 80 Filed By John Michael Furlong IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-21-16; 6-21-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Michael Furlong Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis Robyn B Sokol
11:00 AM
11:00 AM
Adv#: 8:15-01140 ISC8 Inc. v. Zuccarelli
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 32 Filed By On Behalf Of Eric Zuccarelli, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (OTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Eric Zuccarelli Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01142 ISC8 Inc. v. Berlat et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 85 Filed By On Behalf Of Alvin S. Berlat & Barbara C. Berlat Living Trust Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-3-15; 1-14-16; 4-14-16; 4-28-16; 6-23-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Barbara C Berlat Represented By J Scott Bovitz
Alvin Saul Berlat Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
11:00 AM
Adv#: 8:15-01143 ISC8 Inc. v. Radford
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 79 Filed By Lee D. Radford, Traditional IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Lee D. Radford Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty By Officers And Directors;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a), 3439.05 (John Carson, Irvine Sensors Corporation;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a) And 3439.05 (GF Acquisitionco 2012)
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.05 (John Carson)
Recovery Of Avoided Transfer Under 11 U.S.C. Section 550 And California Civil Code 3439.07;
Objection And Disallowance Of Proof Of Claim Numbers 2, 8, 10, 21, 22, 23, 24, 25, 27, 66, 99, 131; And
Equitable Subordination Of Proof Of Claim Numbers 2 And 10 Pursuant To
U.S.C. Section 510(C) (John Carson And Balraj Joll) (Complaint filed 5/10/16)
(Another Summons issued 6/3/16)
[Griffin Partners, LLC, a California limited liability company - Dismissed 9- 6-16 - Docket No. 24]
[Griffin Fund, L.P. a California limited partnership - Dismissed 9-6-16 - Docket No. 24]
FR: 8-4-16; 9-1-16; 3-16-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol
11:00 AM
Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Thomas Kelly Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Chester White Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
GF Acquisitionco 2012, LLC Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
11:00 AM
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Roll Pro Se
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR (Motion filed 9/7/17
Re: 2012 GMC Terrain, VIN 2GKALSEK8C6336738
EH
(Tele. appr Sheryl Kim, rep. creditor, Americredit Financial Services)
Docket 12
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ivan Mendez Represented By
Patricia M Ashcraft
Trustee(s):
10:00 AM
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR (Motion filed 9/15/17)
Re: 2014 Dodge Ram 1500, VIN 1C6RR6KT1ES122408
EH
(Tele. appr. Sheryl Kim, rep. creditor, TD Auto Finance)
Docket 9
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from stay
Honda Lease Trust vs. DEBTOR, and Charles W. Daff, Trustee (Motion filed 9/19/17)
Re: 2014 Honda Accord, VIN: 1HGC T1B8 6EA0 16252
EH
Docket 9
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Valerie Lynn Valls Represented By Kevin Tang
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
10:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
LBS Financial Credit Union vs. DEBTORS (Motion filed 9/20/17
Re: 2009 Chevrolet Avalanche, VIN 3GNEC22009G279729 EH
Docket 21
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Adam Rivera Represented By
Stephen H Darrow
Joint Debtor(s):
Kristie Marie Morales Represented By
10:00 AM
Trustee(s):
Stephen H Darrow
Larry D Simons (TR) Pro Se
10:00 AM
The Wolf Firm, A Law Corporation - movant attorney Motion for Relief from Stay
Wilmington Trust, National Association vs. DEBTOR (Motion filed 9/22/17)
Re: 18718 Glass Mountain Drive, Riverside, CA 92504 EH
(Tele. appr. Kay Manson-Tompki, rep. movant, Wilmington Trust)
Docket 16
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
The Court notes that Movant did not utilize the mandatory form declaration, as required by LBR 4001-1(b)(1) and will excuse the non-compliance in this instance. Movant is cautioned, however, the future compliance with the Local Rules is required.
Note: This matter appears to be uncontested. Debtor filed a non-opposition on 10/3/17 [Dk. 18]. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Young Nam Chung Represented By Caroline S Kim
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTORS (Motion filed 9/22/17)
Re: 2016 Chevrolet Truck Colorado, VIN 1GCGSCE36G1124887 EH
(Tele. appr Sheryl Kim, rep. creditor Americredit Financial Services)
Docket 20
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jordan Grant Kelly Williams Represented By Nicholas M Wajda
10:00 AM
Joint Debtor(s):
Jessica Cheri Williams Represented By Nicholas M Wajda
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's First Interim Application filed 9/26/17 for Allowance of Fees and Costs filed by Marshack Hays LLP as General Counsel
EH
Docket 73
- NONE LISTED -
Tentative for 10/17/17:
The Court will GRANT as requested, on an interim basis.
With respect to fees incurred relative to employment applications for other professionals, the Firm is reminded that the "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine, which remains a trustee duty. Id. Accordingly, the final fee application filed by the Firm should address the foregoing.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Roberto Del Castillo Pro Se
Trustee(s):
Arturo Cisneros (TR) Represented By Matthew Grimshaw Martin L Waterman Michael Alder
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 41
- NONE LISTED -
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Gress Ricabo Represented By
Robert R Tilton
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 9/15/17 for Order Disallowing the Following Claim Pursuant to Rule 3001(c)(3) of Federal Rules of Bankruptcy Procedure: Claim No. 11 Compass Bank
EH
Docket 52
- NONE LISTED -
Tentative for 10/17/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Henry Mark Ridha Represented By Joseph L Borrie Douglas A Plazak
Trustee(s):
Lynda T. Bui (TR) Represented By Larry D Simons Frank X Ruggier
11:00 AM
Hrg. on Order to Show Cause why Timothy Reed, Nancy Jin, The Howard Law Firm, and Vincent Howard should not be sanctioned $2,000.00 jointly and severally and ordered to disgorge fees
EH
Docket 41
- NONE LISTED -
Tentative for 10/17/17:
This matter was CONTINUED to December 19, 2017 at 11:00 a.m. pursuant to a motion to continue granted on 10/4/17.
The hearing is VACATED.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 48
- NONE LISTED -
Tentative is to APPROVE as requested, except as follows:
The Turoci Firm shall be allowed fees and costs in the total amount of
$8,365.51. This amount includes the stipulated reductions with the U.S. Trustee identified in the stipulation filed 8/21/17 [Dk. 49], as well as a reduction of $1,080.00 in fees attributable for time spent in connection with the preparation of its employment application. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R.
717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Nicolas Rodriguez Cornejo Pro Se
Trustee(s):
Robert Whitmore (TR) Represented By Todd L Turoci Julie Philippi
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 29
- NONE LISTED -
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Bryan J Johnson Represented By Paul Y Lee
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 39
- NONE LISTED -
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jacob M. Hinojoza Represented By Mona V Patel
Joint Debtor(s):
Yvonne Hinojoza Ditpit Represented By Mona V Patel
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 30
- NONE LISTED -
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Nadine Diane Velasquez Represented By
Bryant C MacDonald
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on. Order to Show Cause Re: Why Safety Care Transportation, Inc. should not be held in Contempt of this Court's Order Granting the Trustee's Motion for Rule 2004 Examination of Safety Care Transportation, Inc.
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw
11:00 AM
Hrg. on Trustee's Motion filed 9/8/17 to Disallow Claims (Claim 1-1 filed by Cavalry SPV I, LLC as Assignee of Bank of America/FIA Card Services, N.A.)
EH
Docket 20
NONE LISTED -
Tentative for 10/17/17 is to CONTINUE to November 7, 2017 at 11:00 a.m. to allow the Trustee to effectuate service pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 10/17/17 hearing are excused.
Debtor(s):
Ramon Martin Bracamontes Yuriar Represented By
Edgar P Lombera
Joint Debtor(s):
Alma Veronica Represented By Edgar P Lombera
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 152
NONE LISTED -
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
James Edward Lopez Represented By Summer M Shaw
Joint Debtor(s):
Pamela A Lopez Represented By Summer M Shaw
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 8/30/17 to Close Case but Retain Estate's Interest in Real Property as Asset of Estate
EH
Docket 18
NONE LISTED -
NONE LISTED -
Debtor(s):
Michele Lee Alexus Represented By Terrence Fantauzzi
Movant(s):
John P Pringle (TR) Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 5/2/17)
EH
Docket 0
NONE LISTED -
Tentative for10/17/17:
The Court has received and reviewed the report filed 8/04/17 [Dk. 302] and will CONTINUE this matter to June 12, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
1:30 PM
Hrg. on Post Confirmation Chapter 11 Status Conference (Cont from 4/4/17)
EH
Docket 0
NONE LISTED -
Tentative for 10/17/17:
The Court has received and reviewed the Status Report filed 10/13/17 [Dk. 159]. The Post-Confirmation Status Conference is continued to February 20, 2017, at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on U.S. Trustee's Motion filed 8/25/17 to dismiss or convert Chapter 11 Case
EH
(Cont. from 10/3/17)
Docket 150
NONE LISTED -
NONE LISTED -
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
Movant(s):
United States Trustee (RS) Represented By Michael J Bujold
1:30 PM
Hrg. on San Bernardino County Treasurer Tax Collector Motion filed 7/27/17 to Convert or Dismiss Debtor's Chapter 11 Bankruptcy case
EH
(Cont. from 10/3/17)
Docket 148
NONE LISTED -
NONE LISTED -
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
Movant(s):
County of San Bernardino Represented By Barry S Glaser
1:30 PM
Hrg. on Chapter 11 Status Conference
(Order setting hearing entered 4/5/17) (Cont. from 9/12/17)
EH
(Tele. appr. Robert Bernstein, rep. creditor, Robert Reiser & Co) (Tele. appr. Charity J. Miller, rep. creditor, John Keller)
Docket 0
Tentative for 10/17/17:
This matter will go off calendar in light of the Court's tentative to grant Debtor's motion for a structured dismissal.
Appearances are excused.
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on U.S. Trustee Motion filed 3/1/17 to dismiss or convert Chapter 11 Case (Cont. from 9/12/17)
EH
Docket 98
NONE LISTED -
Tentative for 10/17/17 is to DENY as the basis for the motion was Debtor's failure to file MORs, which have since been filed.
Appearances are excused.
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Debtor-In-Possession's Motion filed 8/22/17 for Order (1) Authorizing Debtor To Distribute Funds To Creditors; And (2) Dismissing Chapter 11 Case
(Cont. from 9/12/17)
EH
Docket 162
NONE LISTED -
Tentative for 10/17/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on First and Final Application filed 8/22/17 for Fees and Reimbursement of Expenses by Polis & Associates, a Professional Law Corporation, Counsel for Debtor/debtor-in-possession; Period: 8/22/2016 to 9/12/2017, Fee: $129,347.00,
Expenses: $2,607.20 (Cont. from 9/12/17) EH
Docket 164
NONE LISTED -
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cal Premium Treats, Inc. Represented By Thomas J Polis
1:30 PM
Hrg. on Debtor's Motion filed 9/8/17 for an Order Extending the 45 Day Limit for Confirmation of a Small Business Debtor Plan
EH
Docket 64
NONE LISTED -
Tentative for 10/17/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Order to Appear and Show Cause why this case should not be converted or dismissed
EH
Docket 0
NONE LISTED -
Tentative for 10/17/17:
The Court would like the details of the proposed sale.
Appearances required.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 9/12/17)
Docket 0
NONE LISTED -
Tentative for 10/17/17:
None listed.
****************************************************************************** Tentative for 9/12/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 10, 2017. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Claims. A bar date has already been set at September 30, 2017. The deadline for objecting to claims: February 28, 2018.
Continued case status conference: January 23, 2018 at 1:30 p.m. A status report is due 14 days in advance.
The Court notes Debtor's statement in the status report filed 8/9/17 [Dk. 41] that it "did not submit a 60-day line item budget as requested as Debtor has no income and no expenses". The budget was ordered and not "requested" by this Court's order entered 7/21/17 [Dk. 10], which specifically provides that "Debtor shall file a line item budget with the first status report which shall cover the first 60 days of the bankruptcy. The budget shall include all income and expenses of the Debtor." The Court requires this information to facilitate
1:30 PM
its review of the case. How are the administrative costs of this case being paid?
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Atkinson, Hamill & Barrowclough, P.C. - movant attorney Motion for Relief from Stay
American Alpha Properties, LLC vs. DEBTOR (Motion filed 9/19/17)
Re: Non-Debtor Parties: American Alpha Properties, LLC v. River Crest Estates, LLC, et al
EH
Docket 55
NONE LISTED -
Tetnative for 10/17/17:
The Court will grant relief to allow Movant to proceed against the Non-Debtor Defendants only.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Order to Show Cause why this case should not be converted or dismissed
EH
Docket 0
NONE LISTED -
Tentative for 10/17/17:
The Court would like the details of the proposed sale.
Appearances required
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 9/12/17)
EH
Docket 0
NONE LISTED -
Tentative for 10/17/17:
None listed.
****************************************************************************** Tentative for 9/12/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 10, 2017. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Claims. A bar date has already been set at September 30, 2017. The deadline for objecting to claims: February 28, 2018.
Continued case status conference: January 23, 2018 at 1:30 p.m. A status report is due 14 days in advance.
The Court notes Debtor's statement in the status report filed 8/9/17 [Dk. 32] that "Debtor has no income and its only expenses is the cost of the appraisal of the Real Property. t therefore cannot submit a 60-day line budget as requested." The budget was ordered and not "requested" by this Court's order
1:30 PM
entered 7/26/17 [Dk. 11], which specifically provides that "Debtor shall file a line item budget with the first status report which shall cover the first 60 days of the bankruptcy. The budget shall include all income and expenses of the Debtor." The Court requires this information to facilitate its review of the case. How are the administrative costs of this case being paid? Debtor's attorney's fees? Property insurance? UST fees? The proposed accountant?
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci
1:30 PM
Atkinson, Hamill & Barrowclough, P.C. - movant attorney Motion for Relief from Stay
American Alpha Properties, LLC vs. DEBTOR (Motion filed 9/19/17)
Re: Non-Debtor Parties: American Alpha Properties, LLC v. River Crest Estates, LLC, et al
EH
Docket 44
NONE LISTED -
Tetnative for 10/17/17:
The Court will grant relief to allow Movant to proceed against the Non-Debtor Defendants only.
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Trustee's Application filed 4/11/17 for Appearance and Examination Re:
Enforcement of Judgment against Charles A. Tumbrello (Order setting hearing entered 4/26/17)
(Cont. from 6/7/17) EH
Docket 148
NONE LISTED -
NONE LISTED -
Debtor(s):
Charles A Tumbrello Pro Se
Joint Debtor(s):
Monika C Tumbrello Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
1:30 PM
Hrg. on Trustee's Application filed 4/11/17 for Appearance and Examination Re:
Enforcement of Judgment against Monika C. Tumbrello (Order setting hearing entered 4/26/17)
(Cont. from 6/7/17) EH
Docket 147
NONE LISTED -
NONE LISTED -
Debtor(s):
Charles A Tumbrello Pro Se
Joint Debtor(s):
Monika C Tumbrello Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Byron Z Moldo John W Shenk Matthew J Eandi
1:30 PM
Adv#: 6:17-01161 Frazer v. National Funding, Inc.
STATUS CONFERENCE re: Complaint by Helen R Frazer against National Funding, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(21 (Validity, priority or extent of lien or other interest in property))
EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
JBS Heating & Air Inc Represented By Jeffrey N Wishman
Defendant(s):
National Funding, Inc. Pro Se
Plaintiff(s):
Helen R Frazer Pro Se
Trustee(s):
Helen R. Frazer (TR) Pro Se
1:30 PM
Adv#: 6:16-01183 Extreme Equipment Leasing, LLC v. Fulgham
PRE-TRIAL CONFERENCE re: Complaint by Extreme Equipment Leasing, LLC, Steven Lane Fulgham against Steven Lane Fulgham. Dischargeability - 523(a) (2), (a)(6)
(Cont. from 10/11/17) EH
Docket 1
NONE LISTED -
Tentative for 10/18/17:
The Court has received and reviewed the Notice of Settlement filed October 4, 2017 [Dk. 39]. This matter is CONTINUED to December 13, 2017 at 1:30
p.m. as a holding date. If the matter has not been resolved, a status report is due 14 days in advance.
Appearances are excused for the 10/18/17 hearing.
Debtor(s):
Steven Lane Fulgham Represented By Lazaro E Fernandez
Defendant(s):
Steven Lane Fulgham Pro Se
Plaintiff(s):
Extreme Equipment Leasing, LLC Represented By
1:30 PM
Trustee(s):
Daniel L Hough
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01026 Hitchman et al v. Dupree-Yeager
STATUS CONFERENCE re: Complaint by Bruce Hitchman, LeeAnn Hitchman against Tashauna Lynn Dupree-Yeager - 523(a)(4)
(Cont. from 9/13/17) EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Tashauna Lynn Dupree-Yeager Represented By Gary S Saunders
Defendant(s):
Tashauna Lynn Dupree-Yeager Pro Se
Plaintiff(s):
LeeAnn Hitchman Represented By Arnold H Wuhrman
Bruce Hitchman Represented By Arnold H Wuhrman
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01160 Navy Federal Credit Union v. Stantz
STATUS CONFERENCE re: Complaint by Navy Federal Credit Union against Cynthia L. Stantz. false pretenses, false representation, actual fraud)
EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Cynthia L. Stantz Represented By Julie J Villalobos
Defendant(s):
Cynthia L. Stantz Pro Se
Plaintiff(s):
Navy Federal Credit Union Represented By Robert S Lampl
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 3/9/16) FR: 3-9-16; 9-28-16, 11-3-16; 4-19-17; 6-14-17; 8-16-17
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack
10:00 AM
Trustee(s):
Chad V Haes
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:17-01124 Dent Mart Int'l Inc. v. Kim et al
STATUS CONFERENCE Hearing RE: Complaint For Orders Under Corporations Code Section 709 And Related Injunctive Relief (Notice of Removal filed 7/28/17)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Hyo Dong Kim Represented By Carmela Pagay Monica Y Kim
Defendant(s):
Eun Hee Dental Laboratory, Inc. Represented By
Allan Calomino
Kwang Cho Represented By
Allan Calomino
Hyo Dong Kim Pro Se
Plaintiff(s):
Dent Mart Int'l Inc. Pro Se
10:00 AM
Trustee(s):
Robbin L Itkin (TR) Represented By
Autumn D Spaeth ESQ Kyra E Andrassy
Kelly K Frazier Alexandra S Kelly
10:00 AM
Adv#: 8:16-01137 ABD, LLC et al v. Weidenhammer
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523 (Complaint filed 5/17/16)
PTC set at S/C held 8/17/16)
FR: 8-17-16; 4-19-17; 6-14-17; 8-16-17
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Scott James Weidenhammer Represented By Michael A Wallin
Defendant(s):
Scott James Weidenhammer Represented By Michael A Wallin
Plaintiff(s):
Giovinazzo Family Real Estate Represented By Rika Kido
ABD, LLC Represented By
Rika Kido
10:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01020 Lowe v. Navient Solutions Inc. et al
PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Student Loan Debts
(Complaint filed 2/7/17)
[Defendant Navient Solutions, LLC - Dismissed - Order Entered 3-29-17- Docket no. 9]
(PTC set per Scheduling Order Entered 5/2/17)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Matthew Ryan Lowe Represented By Kari E Gibson
Defendant(s):
United States Department of Pro Se
Navient Solutions Inc. Pro Se
Plaintiff(s):
Matthew Lowe Represented By Kari E Gibson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
STATUS CONFERENCE Hearing RE: Complaint For: Determination That Student Loan Debt Is Dischargeable Pursuant To 11 U.S.C. Section 523(a)(8) (Complaint filed 6/27/17) (Another Summons issued 7/14/17)
[Tele. appr., Elan S. Levey, repr., Department Of Education]
Docket 1
NONE LISTED -
Tentative for 10/18/17 is to set the following dates/deadlines:
Discovery cutoff: January 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 28, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: March 14, 2018 at 10:00 a.m.
The parties are advised to cooperate and carefully and precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or the striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
10:00 AM
Defendant(s):
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
U.S. Department of Education Pro Se
JP Morgan Chase N.A. Pro Se
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01114 Busch et al v. One Punch Distribution LLC
STATUS CONFERENCE Hearing RE: Complaint To Determine Debt To Be Nondischargeable Under 11 U.S.C. Section 523 Subsections (a)(2)(A), (a)(2)(B), (a)(4), And (a)(6), And 11 U.S.C. Section 727 Subsections (a)(1), (a)(2), (a)(3), (a)(4), And (a)(5)
(Complaint filed 6/30/17)
Docket 1
NONE LISTED -
Tentative for 10/18/17:
This matter will go off calendar in light of the Court's tentative for #6.10 to dismiss the adversary proceeding.
Debtor(s):
One Punch Distribution, LLC Represented By Parisa Fishback
Defendant(s):
One Punch Distribution LLC Pro Se
Plaintiff(s):
Silver Lining Apparel Co. LLC Represented By Stanton L Stein
Kurt Busch Represented By
Stanton L Stein
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01114 Busch et al v. One Punch Distribution LLC
Hearing RE: Order To Show Cause To Allow Plaintiff To Appear And Show Cause Why This Adversary Proceeding Should Not Be Dismissed
(Set per Order Entered 10/5/17)
Docket 3
NONE LISTED -
Tentative for 10/18/17 is to DISMISS adversary proceeding.
The failure to appear will result in the dismissal of the adversary proceeding.
Debtor(s):
One Punch Distribution, LLC Represented By Parisa Fishback
Defendant(s):
One Punch Distribution LLC Pro Se
Plaintiff(s):
Silver Lining Apparel Co. LLC Represented By Stanton L Stein
Kurt Busch Represented By
Stanton L Stein
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion To Reopen Chapter 7 Case To File Reaffirmation Agreement On Home Mortgage
(Motion filed 9/19/17) (Amended Notice filed 9/19/17)
Docket 22
NONE LISTED -
Tentative for 10/18/17 is to DENY:
Debtor seeks to reopen his bankruptcy case for the purpose of filing a reaffirmation agreement with Bank of America reaffirming the mortgage on Debtor’s primary residence.
Under 11 U.S.C. § 350(b), "[a] case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause." Courts may deny a request to reopen a closed case when there it is not necessary to reopen the case or there no legal basis to grant the relief sought by the movant. See In re Cortez, 191 B.R. 174, 179 (B.A.P. 9th Cir. 1995) ("The bankruptcy court did not abuse its discretion by denying the debtors' motion to reopen their bankruptcy case when there was no legal basis for granting the relief sought."); In re Bellano, 456 B.R. 220, 222–23 (Bankr. E.D. Pa. 2011) (denying motion to reopen for purposes of filing a reaffirmation agreement because reaffirmation agreements made post- discharge are unenforceable under § 524(c)).
Here, the Debtor has not presented any legal basis for grant the relief sought. The only way to resuscitate a debt otherwise dischargeable in bankruptcy is to enter into a reaffirmation agreement under 11 U.S.C. § 524(c) and (d).
Well-settled case law requires that such an agreement be made before the debtor received a discharge. In re Kamps, 217 B.R. 836
11:00 AM
(Bankr.C.D.Cal.1998). In re Motley, 268 B.R. 237, 243 (Bankr. C.D. Cal. 2001).
There are very limited exceptions to the timing requirement, none of which apply here. Courts have allowed debtors to reopen their case to file a reaffirmation agreement that was made before entry of discharge. See In re Davis, 273 B.R. 152, 153 (Bankr. S.D. Ohio 2001) (allowing debtor to reopen case to file a reaffirmation agreement that had been prepared and signed prior to entry of the discharge order, notwithstanding "the general practice of this Court to deny motions to reopen cases filed for the purpose of filing reaffirmation agreements after the discharge order has been entered"). There is no evidence an agreement was reached prior to entry of the discharge order; to the contrary, Debtor affirms that he did not sign a reaffirmation agreement while his bankruptcy case was open. See Declaration of Debtor, ¶ 5.
Some Courts have exercised their equitable powers to vacate the discharge to allow entry of a reaffirmation agreement. See In re Bellano, 456 B.R. 220, 223 (Bankr. E.D. Pa. 2011); In re Long, 22 B.R. 152, 154 (Bankr. D. Me.
1982) (vacating discharge 4 months after entry of discharge to allow reaffirmation agreement with mortgagor to be filed and heard, but noting that deferral of entry of discharge was the more appropriate procedure); In re Solomon, 15 B.R. 105, 106 (Bankr. E.D. Pa. 1981) (finding sufficient equities in the case to vacate discharge to allow hearing on reaffirmation agreement which had been filed 3 days after discharge was entered where the agreement would settle litigation with a secured creditor that started a little more than a month before the discharge hearing and had not been settled before the discharge hearing). But see In re Eccleston, 70 B.R. 210, 213 (Bankr. N.D.N.Y. 1986).(finding the equities did not support exercise of the Court’s equitable powers to vacating the discharge, noting that "a debtor seeking relief under Fed.R.Bankr.P. 9024 (Fed.R.Civ.P. 60(b)) must show ‘extraordinary’ circumstances which prevented relief through usual channels.").
In this case, Debtor has already received his discharge, and has been
11:00 AM
relieved of any personal liability on the mortgage loan for nearly 6 years. To vacate the Debtor's discharge now would be absurd; the equities do not favor vacating Debtor's discharge.
For the foregoing reasons, no valid reaffirmation agreement may be entered into or filed. Thus, there is no cause to reopen the Debtor’s bankruptcy case. The Motion is DENIED.
Appearances required.
Debtor(s):
Stephen Michael Milano Represented By Joseph W Creed Brian J Soo-Hoo
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Motion for Protective Order By Third Party Witness Tymothy S. Macleod
(Motion filed 7/24/17) FR: 8-16-17
Docket 139
NONE LISTED -
NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson
11:00 AM
Trustee(s):
Douglas L Mahaffey
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 9/18/17)
[RE: 2016 Toyota Prius - VIN No.: JTDKARFU9G3517553]
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ruben Medina Paramo Represented By Mike Sethi
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Equity Residential Management, LLC vs. DEBTOR (Motion filed 9/26/17)
[RE: 610 W. Broadway Apt. 110, Anaheim, CA 92805]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jose Luis Reyes Soto Represented By Andrew S Cho
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/14) (Set per Order Confirming Plan Entered 9-25-15)
FR: Advanced from 8-21-14; Advanced from 8-7-14 at 11:00 a.m.; 8-7-14; 12-
11-14; 1-15-15; 1-29-15; 5-7-15; 7-9-15; 9-17-15; 4-14-16; 4-28-16; 10-13-16; 4-
20-17
Docket 1
Tentative for 10/19/17:
The Court has received and reviewed the post-confirmation status report filed 10/05/17 [Dk. 762] and will CONTINUE the status conference to April 19, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/20/2017:
The Court has received and reviewed the post-confirmation status report filed 4/06/17 [Dk. 753] and will CONTINUE the status conference to October 19, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 10/13/2016:
The Court has received and reviewed the post-confirmation status report filed 9/28/16 [Dk. 747] and will CONTINUE the status conference to April 20, 2017
11:00 AM
at 11:00 a.m. A status report is due 14 days in advance. Appearances are excused.
*************************************************************************** Tentative for 4/28/2016:
The Court has received and reviewed the post-confirmation status report filed 3/31/16 [Dk. 736] and will CONTINUE the status conference to October 13, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 7/9/15 is to CONTINUE to 9/17/2015, at 11:00 a.m.
Appearances are excused.
*************************************************************************** Tentative for 1/15/2015:
Appearances are required.
*************************************************************************** Tentative for 8/7/2014:
The Court has received and reviewed the status report filed on July 24, 2014 as well as the supplement dated August 1, 2014. The Court is inclined to set the following dates and deadlines:
Claims bar date: October 30, 2014. Notice of the bar date to be served by no later than August 30, 2014.
Deadline to file a plan and disclosure statement: December 2, 2014. Note that failure to file a plan or disclosure statement may result in sanctions including dismissal or conversion of the case to chapter 7.
11:00 AM
Continued status conference: December 11, 2014 at 11:00 a.m. A status report is due 14 days in advance.
Debtor's counsel is to submit an order within seven (7) days.
Appearances are excused.
Debtor(s):
Randall William Blanchard Represented By Marc J Winthrop
Garrick A Hollander Jacob C Gonzales
Trustee(s):
Richard Pachulski (TR) Represented By Teddy M Kapur Jeremy V Richards
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 9/23/14)
(Post-Confirmation S/C set at S/C held 9-3-15)
FR: 11-20-14; 12-11-14; 1-29-14; 2-5-15; 2-11-14; 2-19-15; 5-21-15; 7-2-15; 7-
23-15; 9-3-15; 3-17-16; 3-31-16; 9-29-16; 3-9-17; 10-12-17
Docket 1
Tentative for 10/19/17:
The Court has received and reviewed the status report filed 10/13/2017 [Dk. 460], and will CONTINUE the status conference to 4/19/2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/09/17:
The Court has received and reviewed the status report filed 2/23/17 [Dk. 450] and will CONTINUE the status conference to 10/12/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 9/29/2016:
The Court has received and reviewed the status report filed 9/22/16 [Dk. 447] and will CONTINUE the status conference to 3/9/2017 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Appearances are excused.
*************************************************************************** Tentative for 3/31/2016:
The Court has received and reviewed the status report filed 3/17/16 [Dk. 432] and will CONTINUE the status conference to September 29, 2016 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 9/3/2015:
Because the Court is inclined to CONFIRM the Plan, the Court will set a post- confirmation status conference for 3/17/2016 at 11:00 a.m. A status report is due 14 days in advance.
*************************************************************************** Tentative for 7/23/2015:
This matter is continued to coincide with the hearing on confirmation.
*************************************************************************** Tentative for 7/02/15:
This matter is VACATED and CONTINUED to July 23, 2015 at 11:00 a.m. No status report is due for the July 23, 2015 hearing.
*************************************************************************** Tentative for 5/21/15:
The Court has received and reviewed the status report filed 5/7/15 [Dk. 343] and will CONTINUE this matter to July 2, 2015 at 1:30 p.m. A status report is due 14 days in advance.
11:00 AM
Appearances are excused.
************************************************************************** Tentative for 2/19/15:
None listed.
************************************************************************ Tentative for 2/11/15:
None listed.
*********************************************************************** Tentative for 2/5/15:
None listed.
**************************************************************************** Tentative for 12/11/2014:
At the 11/20/2014 status conference, Debtor's counsel requested a continued status conference hearing on 12/11/2014, at which time Debtor's counsel hoped to be able to advise the Court whether it would be filing a plan or proceeding with a section 363 sale.
Appearances are required.
***************************************************************************
Tentative for 11/20/14 is to set the following dates/deadlines, set forth in the Debtor's Status Report filed 11/6/14 [Dk. 104]:
January 21, 2015 - deadline to file a plan and disclosure statement. The failure to timely file a plan and/or disclosure statement may result in
11:00 AM
dismissal or conversion of the case.
January 14, 2015 - deadline for filing proofs of claims or interest, with the notice to be served by no later than 11/30/14.
March 19, 2015 at 11:00 a.m., with a status report due 14 days in advance.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Adv#: 8:15-01131 ISC8 Inc. v. Meyer
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 74 Filed By Alan Meyer And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (S/C set at PTC held 3-16-17)
FR: 6-4-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17; 10-
12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. A status report is due by no later than November 1, 2017, advising the Court as to whether an appeal was filed in one or both of the Donner cases (Advs. Nos. 8:15-ap-01129-SC and 8:15-ap-01130-SC). The parties do not need to file a status report in each remaining adversary; a single report can be filed in this adversary as it is the next low numbered adversary (after the two Donner adversaries).
Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
*****************************************************************************
11:00 AM
Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror
11:00 AM
Jessica L Bagdanov
Defendant(s):
Alan Meyer Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01132 ISC8 Inc. v. Fagan
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 30 Filed On Behalf Of Kenneth T. Fagan And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
11:00 AM
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Kenneth T. Fagan Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01133 ISC8 Inc. v. Paul Ross, as Trustee of the Irving Schotz Family
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 76 Filed By Paul Ross, As Trustee Of The Irving Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3-16-17)
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-
17; 10-12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
11:00 AM
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Paul Ross, as Trustee of the Irving Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01134 ISC8 Inc. v. Paul Ross, as Trustee of the David Schotz Family T
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 75 Filed By Paul Ross, As Trustee Of The David Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-
16-17; 10-12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
11:00 AM
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Paul Ross, as Trustee of the David Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01135 ISC8 Inc. v. Leo Genecco & Sons, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 77 Filed By Leo Genecco & Sons Inc., And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Leo Genecco & Sons, Inc. Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01136 ISC8 Inc. v. Genecco
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 78 Filed By David Genecco, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
David Genecco Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01137 ISC8 Inc. v. Norton
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 83 Filed By Brendalyn Norton, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Brendalyn Norton Represented By
11:00 AM
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01139 ISC8 Inc. v. Furlong
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 80 Filed By John Michael Furlong IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-21-16; 6-21-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
John Michael Furlong Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis Robyn B Sokol
11:00 AM
Adv#: 8:15-01140 ISC8 Inc. v. Zuccarelli
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 32 Filed By On Behalf Of Eric Zuccarelli, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (OTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Eric Zuccarelli Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01142 ISC8 Inc. v. Berlat et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 85 Filed By On Behalf Of Alvin S. Berlat & Barbara C. Berlat Living Trust Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-3-15; 1-14-16; 4-14-16; 4-28-16; 6-23-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Alvin Saul Berlat Represented By J Scott Bovitz
Barbara C Berlat Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01143 ISC8 Inc. v. Radford
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 79 Filed By Lee D. Radford, Traditional IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17
Docket 1
Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
11:00 AM
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Defendant(s):
Lee D. Radford Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty By Officers And Directors;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a), 3439.05 (John Carson, Irvine Sensors Corporation;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a) And 3439.05 (GF Acquisitionco 2012)
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.05 (John Carson)
Recovery Of Avoided Transfer Under 11 U.S.C. Section 550 And California Civil Code 3439.07;
Objection And Disallowance Of Proof Of Claim Numbers 2, 8, 10, 21, 22, 23, 24, 25, 27, 66, 99, 131; And
Equitable Subordination Of Proof Of Claim Numbers 2 And 10 Pursuant To
U.S.C. Section 510(C) (John Carson And Balraj Joll) (Complaint filed 5/10/16)
(Another Summons issued 6/3/16)
[Griffin Partners, LLC, a California limited liability company - Dismissed 9- 6-16 - Docket No. 24]
[Griffin Fund, L.P. a California limited partnership - Dismissed 9-6-16 - Docket No. 24]
FR: 8-4-16; 9-1-16; 3-16-17; 10-12-17
Docket 1
- NONE LISTED -
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Thomas Kelly Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Chester White Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
GF Acquisitionco 2012, LLC Represented By
11:00 AM
Kyra E Andrassy Philip E Strok Robert S Marticello
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Roll Pro Se
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16; 6-8-17
Docket 1
Tentative for 10/19/17:
The Court has received and reviewed the status report filed 10/06/17 and will CONTINUE this matter to 2/22/2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 10/19/17.
************************************************************************** Tentative for 6/8/17:
The Court has received and reviewed the status report filed 5/25/17 and will CONTINUE this matter to 10/19/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 6/8/17.
**************************************************************************** Tentative for 12/1/2016:
If the plan is confirmed, the Court will set a post-confirmation status conference for 4/20/2017, at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
11:00 AM
************************************************************************* Tentative for 9/15/2016 is to CONTINUE to the same date as confirmation hearing.
************************************************************************* Tentative for 6/23/16:
This case is being jointly administered with Trask Developers, LLc, a California limited liability company, Case No. 8:16-bk-11621.
The Court is inclined to substantially adopt the following dates/deadlines proposed by the Debtors in the status report filed 6/8/16 [Dk. 55]:
Deadline to file a joint disclosure statement and plan: July 14, 2016. The failure to timely file a joint disclosure statement and plan may result in the dismissal or conversion of the case.
Claims bar date: August 31, 2016, with notice to be served by no later than June 30, 2016
Deadline to object to claims: November 18, 2016
Continued status conference: October 13, 2016. A status report is due 14 days in advance.
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16; 6-8-17
Docket 1
Tentative for 10/19/17:
The Court has received and reviewed the status report filed 10/06/17 [Dk. 192] in Paul Chieu Nguyen, 8:16-bk-11619-SC and will CONTINUE this matter to 2/22/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 10/19/17.
************************************************************************** Tentative from 6/8/17:
The Court has received and reviewed the status report filed 5/25/17 [Dk. 183] in Paul Chieu Nguyen, 8:16-bk-11619-SC and will CONTINUE this matter to 10/19/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 6/8/17.
**************************************************************************** Tentative for 12/1/2016:
The Court will set a post-confirmation status conference for 4/20/2017, at 11:00 a.m. A status report is due 14 days in advance.
****************************************************************************
11:00 AM
Tentative for 9/15/2016:
This case is being jointly administered with Paul Chieu Nguyen, Case No. 8:16-bk-11619. Please refer to the tentative for #5 on today's calendar.
**************************************************************************** Tentative for 6/23/16:
This case is being jointly administered with Paul Chieu Nguyen, Case No. 8:16-bk-11619. Please refer to the tentative for #15 on today's calendar.
Debtor(s):
Trask Developers, LLC Represented By David S Kupetz Jessica Vogel
11:00 AM
Hearing RE: Second Application For Allowance Of Professional Fees And Costs For The Period From April 19, 2017 Through And Including September 20, 2017
(Application filed 9/22/17)
[RE: M. JONES AND ASSOCIATES - Attorney For Debtor] [Fees: $17,442.50; Expenses: $99.66]
Docket 126
Tentative for 10/19/17 is to APPROVE as requested, as in interim basis.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D Motion for relief from stay [Real Property]
Bayview Loan Servicing, LLC, As Servicing Agent For The Bank Of New York Mellon FKA The Bank Of New York As Trustee For The Certificate Holders Of The CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-HY6, Mortgage Pass-Through Certificates, Series 2007-HY6 vs. DEBTOR
(Motion filed 8/15/17)
[RE: 1271 Federal Avenue, Unit 302, Los Angeles, CA 90025]
FR: 9-14-17
Docket 101
Tentative for 10/19/17 is to GRANT pursuant to 11 U.S.C. §362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
************************************************************************** Tentative for 9/14/17 is to DENY:
Service is improper. The movant did not serve the junior lienholder, Bank of America, to the attention of an officer, managing or general agent or to any other authorized agent. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in
11:00 AM
the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
Hearing RE: Motion To Bifurcate Issues Of Liability And Dischargeability In Adversary, Or To Stay Adversary Until Underlying Liability On Claims Is Determined In Another Proceeding
(Motion filed 9/18/17) (OST Entered 9/18/17)
Docket 9
Tentative for 10/19/17:
The motion is premature. The Debtor has not submitted an application for employment of an attorney to defend the litigation, and has not been denied approval of use of estate property for those purposes. Until it is clear to this Court that such an application would be denied, the determination of whether bifurcation is necessary or warranted need not be made at this time.
Personal appearances required. No telephonic appearances will be permitted.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Represented By William N Lobel
Plaintiff(s):
Barry Beitler Represented By
11:00 AM
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
Hearing RE: Motion To Bifurcate Issues Of Liability And Dischargeability In Adversary, Or To Stay Adversary Until Underlying Liability On Claims Is Determined In Another Proceeding
(Motion filed 9/18/17) (OST Entered 9/18/17)
Docket 9
Tentative for 10/19/17:
The motion is premature. The Debtor has not submitted an application for employment of an attorney to defend the litigation, and has not been denied approval of use of estate property for those purposes. Until it is clear to this Court that such an application would be denied, the determination of whether bifurcation is necessary or warranted need not be made at this time.
Personal appearances required. No telephonic appearances will be permitted.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Represented By William N Lobel
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian
11:00 AM
Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
Hearing RE: Motion To Bifurcate Issues Of Liability And Dischargeability In Adversary, Or To Stay Adversary Until Underlying Liability On Claims Is Determined In Another Proceeding
(Motion filed 9/18/17) (OST Entered 9/18/17)
Docket 9
Tentative for 10/19/17:
The motion is premature. The Debtor has not submitted an application for employment of an attorney to defend the litigation, and has not been denied approval of use of estate property for those purposes. Until it is clear to this Court that such an application would be denied, the determination of whether bifurcation is necessary or warranted need not be made at this time.
Personal appearances required. No telephonic appearances will be permitted.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Represented By William N Lobel
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian
11:00 AM
Gary E Klausner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17) FR: 7-13-17
Docket 0
Tentative for 10/19/17:
Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused for the 10/19/17 hearing.
************************************************************************* Tentative for 7/13/17:
The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
Philip E Strok Kyra E Andrassy
9:30 AM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
TRIAL re: Complaint by Onepoint Human Capital Management LLC against Angela M. Arents 523(a)(2), 523(a)(4), 523(a)(6)
(Advanced from 10/24/17) EH
Docket 1
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
9:30 AM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
Hrg. on Motion filed 10/3/17 by Attorney for Defendant on Motion for Order Dismissing Complaint and/or Preventing Plaintiff from Offering any Direct Testimony and/or Monetary Sanctions for Plaintiff's failure to file and serve Trial Declarations by the Court's required deadline
EH
Docket 46
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
9:30 AM
Hrg. on Order to Show Cause re Contempt and Sanctions EH
Docket 0
- NONE LISTED -
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
1:00 PM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
Hearing RE: Motion For Partial Summary Judgment Pursuant To FRBP 7056 Of Plaintiffs, International Christian Broadcasting, Inc. And Trinity Christian Center Of Santa Ana, Inc.
(Motion filed 9/14/17)
Docket 196
Tentative for 10/26/17:
The motion for summary judgment is GRANTED. By no later than November 2, 2017, Plaintiff is to upload (1) proposed findings of fact and conclusions of law and (2) a judgment.
The Court does not require oral argument and will CONTINUE this matter to December 13, 2017 at 11:00 a.m. as a holding date only.
The hearing on 10/26/17 is VACATED.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
1:00 PM
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hrg. on Order to Show Cause Why Case Should Not Be Dismissed for Lack of Counsel
EH
Docket 0
Debtor(s):
Big Sky Holding Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
9:30 AM
Hrg. on Debtor's Emergency Motion filed 10/30/17 for an Order authorizing payment of prepetition payroll, benefits and employee expense charges
(OST entered 10/30/17) EH
Docket 9
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
9:30 AM
Adv#: 6:16-01051 Go-Fresh Produce, Inc. v. Coria
TRIAL re: Complaint by Go-Fresh Produce, Inc. against Martin Coria. fraud as fiduciary, embezzlement, larceny))
(PARTIES MUST PHYSICALLY APPEAR IN SANTA ANA CTRM 5C)
EH
Docket 1
Debtor(s):
Martin Coria Represented By
Leonard J Cravens
Defendant(s):
Martin Coria Represented By
Leonard J Cravens
Plaintiff(s):
Go-Fresh Produce, Inc. Represented By Bart M Botta June T Monroe
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Rika Kido
Lynda T Bui
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from stay
Honda Lease Trust vs. DEBTOR (Motion filed 9/27/17)
Re: 2015 Honda Fit, VIN 3HGG K5H8 1FM7 21659
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Oeun Iem Represented By
Natalie A Alvarado
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Cab West, LLC vs. DEBTOR (Motion filed 9/28/17)
RE: 2014 FORD EDGE, VIN 2FMDK3GC6EBB56543
EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kareemah Mata Represented By
James D. Hornbuckle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from stay
CAB West, LLC vs. DEBTOR
(Motion filed 9/26/17)
Re: 2016 Lincoln MKX, VIN 2LMTJ6LR7GBL66358
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mella Kennedy Represented By Patricia M Ashcraft
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Law Offices of Bruce P. Neeleman - attorney Motion for Relief from Stay
First Financial Credit Union vs. DEBTOR (Motion filed 10/3/17
Re: 2010 Subaru Forester, VIN JF2SH6FC6AH708585 EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
John Thomas McKinney IV Represented By Andrew Nguyen
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustees Motion filed 10/13/17 for Order (1) Approving Compromise of Products Liability Action, (2) Authorizing Employment of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. and Goldwater Law Firm,
P.C As Co-Special Counsel And Payment Of Compensation To Co-Special Counsel; and (3) Granting Related Relief Including Disbursements From the Settlement Payment
EH
Docket 39
Tentative for 11/07/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Lance Grundl Represented By
Jerald Scott Bennett
Joint Debtor(s):
Doreen Dronet Represented By
Jerald Scott Bennett
Movant(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe
11:00 AM
Trustee(s):
Leonard M Shulman
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 130
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
CeramicStyle, Inc. Represented By Steven P Chang
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 63
Tentative for 11/7/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Miguel Angel Puente Becerra Represented By Mona V Patel
Trustee(s):
Todd A. Frealy (TR) Represented By Lindsey L Smith
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 68
Tentative for 11/07/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Blair Lambert Byrem Represented By Alexander Pham
Joint Debtor(s):
April Christine Byrem Represented By Alexander Pham
Trustee(s):
Todd A. Frealy (TR) Represented By Anthony A Friedman
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 28
Tentative for 11/07/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Kevin Eugene Greiner Represented By Alon Darvish
Joint Debtor(s):
Tamee Suzanne Greiner Represented By Alon Darvish
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 31
Tentative for 10/17/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
VetRents, Inc. Represented By Paul J Leeds
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 11/7/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Michael Dean Pagel Represented By Carey C Pickford
Joint Debtor(s):
Pamela Anne Pagel Represented By Carey C Pickford
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 25
Tentative for 11/7/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Mia Siddeq Mojaddedi Represented By Daniel King
Joint Debtor(s):
Maleha Mojaddedi Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 21
Tentative for 11/7/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Guillermo Enrique Gonzalez Represented By Francis Guilardi
Joint Debtor(s):
Maritza Elizabeth Gonzalez Represented By Francis Guilardi
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion filed 9/15/17 to Dismiss Case and Vacate Discharge if Previously Entered
EH
Docket 30
Tentative for 11/07/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
KimHuat Khoo Pro Se
Movant(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on Debtor's Motion filed 9/7/17 to Motion to Avoid Judicial Lien with Arrow Financial Services, LLC, A.F.S. Assignee of HSBC Bank Nevada, N.A.
(Cont. from 10/3/17) EH
Docket 13
Tentative for 11/07/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
*************************************************************************** Tentative for 10/03/17:
This matter is CONTINUED to 11/7/17 at 11:00 a.m. to allow Movant to effectuate proper service upon Arrow Financial Services, LLC:
Movant served the lienholder as follows:
(Per CA SOS website)
Arrow Financial Services, LLC
A.F.S. Assignee of HSBC Bank Nevada, N.A. 5996 West Tough Niles
Niles, Illinois 60714-4610
(Counsel for A.F.S. Assignee of HSBC Bank Nevada, NA.)
11:00 AM
Mark D. Walsh, Esq.
1097 Vega Way
San Marcos, CA 92708-2820
(Per FDIC website) HSBC Bank USA, N.A.
Attn: CEO
1800 Tysons Blvd.
McLean, VA 22102
(Via certified mail)
There is no evidence, however, that Movant served Arrow Financial Services, LLC pursuant to FRBP 7004(b)(3), which requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” The service upon Mark D. Walsh, Esq. is insufficient as there is no evidence that Mr. Walsh agreed to accept service for the lienholder in this matter. The service upon HSBC, which is proper as to HSBC, is insufficient as to Arrow Financial Services, LLC.
Appearances for the 10/03/17 hearing are excused.
Debtor(s):
Lourdes Torres Miclat Represented By Anthony B Vigil
Movant(s):
Lourdes Torres Miclat Represented By Anthony B Vigil Anthony B Vigil
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 10/2/17 for extension of time to file a complaint objecting to discharge
EH
Docket 14
- NONE LISTED -
Debtor(s):
Czarmine Leiy Abalos Lopez Represented By Neil R Hedtke
Movant(s):
United States Trustee (RS) Represented By Everett L Green
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 9/30/17 for fine and/or disgorgement of fees against bankruptcy petition preparer, Mario A. Perez
EH
Docket 18
Tentative for 11/07/17 is to GRANT. The Court finds the Reply filed by the United States Trustee on 10/31/17 [Dk. 22] well taken.
Appearances required.
Debtor(s):
Bryan Edward Hudson Pro Se
Movant(s):
United States Trustee (RS) Represented By Everett L Green
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 10/4/17 for Motion For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
EH
Docket 15
Tentative is to DENY as the disclosure of compensation was filed on 10/4/17 [Dk. 17].
Debtor(s):
Adrienne Raquel Bramwell Represented By Quintin Shammam
Joint Debtor(s):
Forest William Ballard III Represented By Quintin Shammam
Movant(s):
United States Trustee (RS) Represented By Mohammad Tehrani
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion filed 9/8/17 to Disallow Claims (Claim 1-1 filed by Cavalry SPV I, LLC as Assignee of Bank of America/FIA Card Services, N.A.)
(Cont. from 10/17/17) EH
Docket 20
Tentative for 11/07/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
****************************************************************************
Tentative for 10/17/17 is to CONTINUE to November 7, 2017 at 11:00 a.m. to allow the Trustee to effectuate service pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 10/17/17 hearing are excused.
Debtor(s):
Ramon Martin Bracamontes Yuriar Represented By
Edgar P Lombera
Joint Debtor(s):
Alma Veronica Represented By
11:00 AM
Movant(s):
Edgar P Lombera
Todd A. Frealy (TR) Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Hrg. on CIT Bank's Motion filed 5/27/17to dismiss or convert chapter 11 case (Cont. from 8/29/17)
Docket 325
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
Movant(s):
CIT Bank, N.A. f/k/a OneWest Bank Represented By
Gregory K Jones
1:30 PM
Hrg. on Status Conference re Post Confirmation of Chapter 11 plan (Cont. from 8/29/17)
EH
Docket 0
Tentative for 11/7/17:
Appearances required.
************************************************************************** Tentative for 8/29/17:
The Court has received and reviewed the Post-Confirmation Status Report filed on 8/15/17 [Dk. 357] and notes that no objection to Debtor's Motion for Final Decree, filed on 6/21/17 [Dk. 322], has been filed (although as of the posting of this tentative, the time to object has not yet expired).
Appearances required.
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Hrg. on Stipulation to Amend Plan as to creditor The Law Office of Gloria D. Cordova, Inc.
EH
Docket 0
- NONE LISTED -
Debtor(s):
Lisa Jeannette Price Represented By Gloria D Cordova
1:30 PM
Hrg. on general counsel for alleged Debtor's motion filed 9/27/17 for Attorneys' Fees, Cost and Damages Pursuant to 11 U.S.C. 303(i)
EH
Docket 111
- NONE LISTED -
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
Movant(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
Stanton Place 2014, LLC Pro Se
Stanton Place 2014, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Debtor's Motion filed 10/13/17 and Foster Enterprises' Motion for Order Authorizing Postpetition Insurance Premium Financing and Modifying the Automatic Stay
EH
Docket 141
Tentative for 11/07/17: None listed.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
Movant(s):
Proposed Attorneys for Foster Represented By Gregory K Jones
1:30 PM
RCO Legal, P.S. - movant attorney Motion for Relief from Stay
Wells Fargo Bank, NA vs. DEBTORS (Motion filed 9/25/17)
Re: 1745 Countryside Drive, Shakopee, MN 55379 EH
Docket 42
Tentative for 11/07/17 is to DENY:
Improper service. Failure to serve top 20 creditors as required by FRBP 4001(a)(1)(1).
Sufficient equity. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Movant(s):
WELLS FARGO BANK, NA Represented By Jason C Kolbe
1:30 PM
RCO Legal, P.S. - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTORS (Motion filed 10/4/17)
Re: 6728 Cattle Creek Drive, Chino Hills, CA 91709 EH
Docket 47
Tentative for 11/07/17 is to DENY:
Improper service. Failure to serve top 20 creditors as required by FRBP 4001(a)(1)(1).
Sufficient equity. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Movant(s):
U.S. BANK NATIONAL Represented By Jason C Kolbe
10:30 AM
Hearing RE: Chapter 11 Trustee's Motion For Order Approving Management Services Agreement
(Motion filed 10/31/17) (OST Granted 11/1/17)
Docket 88
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden
10:30 AM
Hearing RE: Chapter 11 Trustee's Motion For Order: (1) Authorizing The Trustee To Establish A Disbursement Account Pursuant To 11 U.S.C. Sections 105(a) And 363 (b)(1); And (2) Approving Banking Procedures
(Motion filed 10/31/17) (OST Granted 11/1/17)
Docket 90
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 10/2/17 Between Debtor and Arrowhead Credit Union, in the amount of $35,192.58
Re: 2014 Chevy Silverado
Docket 11
- NONE LISTED -
Debtor(s):
Adrian Padilla Represented By Poonam Kaur Koch
Joint Debtor(s):
Maria Padilla Represented By
Poonam Kaur Koch
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Mechanics Bank, in the amount of $6,639.16
Re: 2010 Nissan Altima, VIN: 437927
Docket 16
- NONE LISTED -
Debtor(s):
Darin K. Suer Represented By
Daniel King
Joint Debtor(s):
Alejandra Suer Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Kinecta Federal Credit Union, in the amount of $45,269.77
Re: 2016 Jeep Wrangler
Docket 13
- NONE LISTED -
Debtor(s):
Fatenah Abdo Represented By Emilia N McAfee
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation filed 9/25/17 Between Debtor and Mission Federal Credit Union, in the amount of $14,496.00
Re: 2014 Honda Civic
Docket 9
- NONE LISTED -
Debtor(s):
David Evans Represented By
Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:17-01045 Delcomber v. Santiago
PRE-TRIAL CONFERENCE re: Complaint by Yvonne Delcomber against Ruben Santiago. (523(a)(4), 523(a)(6), 523(a)(3)(B)).
Docket 1
- NONE LISTED -
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
Defendant(s):
Ruben Santiago Pro Se
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01177 Frealy v. Gonzalez
STATUS CONFERENCE re: Complaint by Todd A. Frealy against Julio Gonzalez - §§542, 363(h)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Defendant(s):
Julio Gonzalez Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Toan B Chung
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
1:30 PM
Adv#: 6:17-01177 Frealy v. Gonzalez
Hrg. re Chapter 7 Trustee's Motion filed 10/12/17 for Default Judgment Against Defendant Julio Gonzalez
Docket 9
- NONE LISTED -
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Defendant(s):
Julio Gonzalez Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Toan B Chung
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
1:30 PM
Adv#: 6:17-01172 Braden v. Bone et al
STATUS CONFERENCE re: Complaint by Melody Orenda Braden against Harold Martin Bone , Cynthia Ann Bone - §§523(a)(4) and 523(a)(6)
EH
Docket 1
Tentative for 11/8/17:
Appearances required.
The Court notes that no status report was timely filed. The Parties should be prepared to discuss why sanctions should not be issued for failure to comply with LBR 7016-1.
The Court further notes that it appears that this action closely relates to a case pending in the Superior Court for the County of Los Angeles ("State Court Action"). The Complaint represents that trial was held in the State Court Action from December 9-14, 2016, and a Statement of Decision was entered in favor of Plaintiff on April 4, 2017, but no judgment was entered before this bankruptcy proceeding was commenced on May 9, 2017. Plaintiff indicated in the Complaint that she intends to file a Motion for Relief from Stay, but no such Motion for Relief from Stay was filed, and the underlying bankruptcy case has been closed. Counsel should be prepared to provide the Court with an update regarding the status of the State Court Action.
Finally, the Parties should be prepared to discuss scheduling dates for this case.
Debtor(s):
HAROLD MARTIN BONE Represented By
1:30 PM
Mark D Edelbrock
Defendant(s):
Harold Martin Bone Pro Se
Cynthia Ann Bone Pro Se
Joint Debtor(s):
CYNTHIA ANN BONE Represented By Mark D Edelbrock
Plaintiff(s):
Melody Orenda Braden Represented By
D Scott Doonan
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
CONT'D Hearing RE: Motion Of Defendants To Dismiss Complaint (Motion filed 7/6/17)
FR: 8-16-17; 9-13-17
Docket 6
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Claimplus, Inc. Represented By Kelly S Biggins
American Casualty Company of Represented By Kelly S Biggins
Continental Casualty Company Represented By Kelly S Biggins
Movant(s):
CNA Claimplus, Inc. Represented By Kelly S Biggins
American Casualty Company of Represented By
11:00 AM
Kelly S Biggins
Continental Casualty Company Represented By Kelly S Biggins
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
STATUS CONFERENCE Hearing RE: Complaint For:
Turnover Of Property Of The Estate [11 U.S.C. Section 542];
Declaratory Relief As To The Extent And Validity Of Lien [11 U.S.C. 363(p) (2)]
Damages For Willful Violation Of The Automatic Stay [11 U.S.C. 362(k)(1);
And
Injunctive Relief (Complaint filed 5/26/17)
FR: 8-16-17
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Claimplus, Inc. Pro Se
American Casualty Company of Pro Se
Continental Casualty Company Pro Se
11:00 AM
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Application By Chapter 7 Trustee To Employ Law Office Of Denisse Henderson As Special Litigation Counsel
(Motion filed 9/18/17)
(Set per Order Entered 10/12/17)
Docket 36
Tentative for 11/8/17:
Appearances required.
Debtor(s):
Michael Louis Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Joint Debtor(s):
Susan Waxman Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
11:00 AM
Adv#: 8:16-01250 Case et al v. Farino
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, And Injunctive Relief
(Complaint filed 11/21/16)
(PTC set per Order Entered 2-7-17) FR: 2-15-17; 9-13-17
Docket 1
Tentative for 11/08/17:
This matter is CONTINUED to 12/20/17 at 10:00 a.m. as a holding date pending dismissal of the action pursuant to the parties' settlement. If this matter is not dismissed, a status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tenative for 9/13/17:
This Court has reviewed the Notice of Settlement filed by Defendant on 8/30/17 [Dk. 9] and will CONTINUE this matter to 11/8/17 at 11:00 a.m. as a holding date. If this matter is not dismissed, a status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 2/15/17:
The Court has determined that this matter is appropriate for disposition without a hearing and hereby VACATES the 2/15/17 status conference.
11:00 AM
Accordingly, it will set the following dates/deadlines:
Discovery cutoff: June 30, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motions cutoff: August 2, 2017. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: September 13, 2017 at 10:00 a.m.
The parties are specifically advised that the failure to precisely follow all applicable local and federal rules may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days. No appearances are required for the 2/15/17 hearing.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Defendant(s):
Richard A Farino Represented By Fritz J Firman
Plaintiff(s):
Deborah Case Represented By Paul J Gutierrez
Case Concrete Services, Inc. Represented By Paul J Gutierrez
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
Donald W Sieveke
11:00 AM
Hearing RE: Application For Order Authorizing Chapter 7 Trustee, Richard A. Marshack To Employ Pagter And Perry Isaacson As General Counsel, Pursuant To 11 U.S.C. Sections 327 And 330
(Application filed 9/12/17) (Objection filed 10/2/17) (Set per Notice of Hearing filed 10/5/17)
Docket 18
Tentative for 11/08/17 is to approve employment. The Objection filed 10/2/17 [Dk. 23] does not provide any substantive basis for denial of the employment.
Appearances required.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Motion for relief from stay [Real Property]
Daniel Keith Larson, Erin Ellen Larson, Sharon Deon Sims vs. DEBTOR (Motion filed 10/17/17)
[RE: 1221 North Amelia Street, Anaheim, CA 92807]
Docket 27
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Daniel Keith Larson, Erin Ellen Larson, Sharon Deon Sims vs. DEBTOR (Motion filed 10/17/17)
[RE: Case Name: In RE: The Matter Of: Gerald & Barbara Larson Trust] [Docket Number: 30-2012-00539610-PR-TR-CJC]
[Pending In: Superior Court Of The State Of California, County Of Orange Central Justice Center]
Docket 26
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Motion for relief from stay [Personal Property}
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 10/13/17)
[RE: 2015 Toyota Tacoma/PR - VIN No.: 3TMKU4HN1FM046382]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carmen Roos Represented By Mark D Klein
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:15-01131 ISC8 Inc. v. Meyer
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 74 Filed By Alan Meyer And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (S/C set at PTC held 3-16-17)
FR: 6-4-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17; 10-
12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. A status report is due by no later than November 1, 2017, advising the Court as to whether an appeal was filed in one or both of the Donner cases (Advs. Nos. 8:15-ap-01129-SC and 8:15-ap-01130-SC). The parties do not need to file a status report in each remaining adversary; a single report can be filed in this adversary as it is the next low numbered adversary (after the two Donner adversaries).
11:00 AM
Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading
11:00 AM
which will thereafter lead to entry of default.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Alan Meyer Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01132 ISC8 Inc. v. Fagan
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 30 Filed On Behalf Of Kenneth T. Fagan And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] in adversary 8:15-ap-01131 and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
11:00 AM
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Kenneth T. Fagan Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01133 ISC8 Inc. v. Paul Ross, as Trustee of the Irving Schotz Family
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 76 Filed By Paul Ross, As Trustee Of The Irving Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3-16-17)
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-
17; 10-12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
11:00 AM
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Paul Ross, as Trustee of the Irving Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01134 ISC8 Inc. v. Paul Ross, as Trustee of the David Schotz Family T
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 75 Filed By Paul Ross, As Trustee Of The David Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-
16-17; 10-12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
11:00 AM
The Court is inclined to set this matter for a status conference on 9/14/17 at 11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v.
Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Paul Ross, as Trustee of the David Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01135 ISC8 Inc. v. Leo Genecco & Sons, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 77 Filed By Leo Genecco & Sons Inc., And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Leo Genecco & Sons, Inc. Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01136 ISC8 Inc. v. Genecco
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 78 Filed By David Genecco, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
David Genecco Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01137 ISC8 Inc. v. Norton
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 83 Filed By Brendalyn Norton, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-12-17
10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Brendalyn Norton Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01139 ISC8 Inc. v. Furlong
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 80 Filed By John Michael Furlong IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-21-16; 6-21-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Michael Furlong Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis Robyn B Sokol
11:00 AM
Adv#: 8:15-01140 ISC8 Inc. v. Zuccarelli
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 32 Filed By On Behalf Of Eric Zuccarelli, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (OTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Eric Zuccarelli Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01142 ISC8 Inc. v. Berlat et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 85 Filed By On Behalf Of Alvin S. Berlat & Barbara C. Berlat Living Trust Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-3-15; 1-14-16; 4-14-16; 4-28-16; 6-23-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Alvin Saul Berlat Represented By J Scott Bovitz
Barbara C Berlat Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01143 ISC8 Inc. v. Radford
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 79 Filed By Lee D. Radford, Traditional IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17
Docket 1
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 11/1/17 [Dk. 51] and will CONTINUE this matter to December 7, 2017 at 11:00 a.m. as a holding date pending entry of the proposed judgments or resolution of any objection to entry of same.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 10/19/17:
This matter is CONTINUED to November 9, 2017 at 11:00 a.m. Appearances for the 10/19/17 hearing are excused.
***************************************************************************** Tentative for 3/16/17:
The Court is inclined to set this matter for a status conference on 9/14/17 at
11:00 AM
11:00 a.m. as a holding date pending resolution of the trial in ISC8 Inc. v. Donner et al, Adv. No. 15-1129.
***************************************************************************** Tentative for 12/8/2016:
This matter is CONTINUED to 12/15/2016 at 10:00 a.m. A joint pretrial stipulation is due 14 days in advance.
Appearances at the 12/8/2016 hearing are excused.
****************************************************************************
The Court deems this matter appropriate for disposition without a hearing. The 7/02/15 hearing is VACATED. Plaintiff is to lodge an order within seven
(7) days which provides as follows:
Discovery cutoff: 10/30/15. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: 12/4/15: Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 14, 2016 at 1:30 p.m.
Please take notice that the dates set by the Court and all applicable local and federal rules are to be followed precisely. The failure to follow the rules and/or the orders of the Court, including missed deadlines, either intentional or unintentional, shall result in monetary and non-monetary sanctions, including (if the fault of the Plaintiff) dismissal of the adversary proceeding with prejudice or (if the fault of the Defendant) striking of the responsive pleading which will thereafter lead to entry of default.
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Lee D. Radford Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
CONT'D Hearing RE: Petitioning Creditors' Emergency Motion To Resolve Disputes Under The Second Amended Liquidating Chapter 11 Plan RE: Allocation Of D&O Settlement Between California And Texas Actions/Counsels (Motion filed 9/28/17)
FR: 10-3-17
Docket 1637
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Movant(s):
D&A Daily Mortgage Fund III, LP Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Semi-Annual Mortgage Fund Represented By
James C Bastian Jr Melissa Davis Lowe Ryan D ODea
D&A Intermediate-Term Mortgage Represented By
James C Bastian Jr Melissa Davis Lowe
11:00 AM
Ryan D ODea
11:00 AM
Adv#: 8:17-01066 Issa v. Carden et al
CONT'D STATUS CONFERENCE RE: Complaint:
To Avoid Fraudulent Transfers Of Property Under 11 U.S.C. Section 548;
To Recover Avoided Transfers;
For Disallowance Of Claims;
For Recovery Of Unlawful Distributions To Shareholders [11 U.S.C. Sections 502(d), 548, 550, and 551]
(Complaint filed 5/1/17) FR: 8-3-17
Docket 0
Tentative for 11/09/17:
The Court has received and reviewed the status report filed 10/26/17 [Dk. 8] and will CONTINUE this matter to 01/25/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 8/03/17:
The Court has received and reviewed the status report filed 7/25/17 [Dk. 6] and will CONTINUE this matter to November 9, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
American Spectrum Realty Inc., a Represented By
11:00 AM
Robert E Opera Peter W Lianides Andrew B Levin
Defendant(s):
William J. Carden Pro Se
Patrick D. Barrett Pro Se
Plaintiff(s):
J. Michael Issa Represented By Robert E Opera
11:00 AM
Hearing RE: Motion Of Paul Chieu Nguyen For Order: (1) Authorizing Sale Of Real Property Commonly Known As 10552 Trask Avenue, Garden Grove, California 92843, Free And Clear Of Liens, Claims, And Interests; (2) Determining That Buyer Is A Good Faith Purchaser; (3) Authorizing Payment Of Costs Of Sale And Brokers Commission From Escrow; (4) Authorizing Withholding And Remittance Of Estimated State Income Taxes Arising From Sale; And (5) Waiving 14-Day Stay Under Federal Rule of Bankruptcy Procedure 6004(h)
(Motion filed 10/5/17)
Docket 186
Tentative for 11/09/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel Steven Werth
11:00 AM
Hearing RE: First Application For Allowance Of Fees And Reimbursement Of Costs For The Period June 13, 2016 Through October 10, 2017
(Motion filed 10/18/17)
[RE: YEZNIK O. KAZANDJIAN - General Bankruptcy Counsel For The Debtor]
[Fees: $26,880.00; Costs: $0.00]
Docket 146
Tentative for 11/09/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)
(Post-Effective S/C set at confirmation hearing held 8/31/17)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17
Docket 0
Tentative for 11/09/17:
This matter is CONTINUED to February 22, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
************************************************************************* Tentative for 3/09/17:
See tentative for calendar item number 18.10.
************************************************************************** Tentative for 2/16/17:
See tentative for calendar item number 3.
***************************************************************************
11:00 AM
Tentative for 12/15/2016:
See tentative for calendar item number 20.
**************************************************************************** Tentative for 8/4/16 is to DISMISS or CONVERT:
Pursuant to the Order issued 6/15/16 [Dk. 10] (the "Order"), Debtor was required to serve the Order within 48 hours of receipt on the 20 largest unsecured creditors, all secured creditors and the U.S. Trustee. The docket does not indicate that such service occurred.
Additionally, the Order requires Debtor to file and serve a status report 14 days prior to the status conference, which report is to be supported by evidence and supporting documents and include a line-item budget for the first 60 days of the bankruptcy. Debtor filed a late status report [Dk. 25] on 7/30/2016, five days before this hearing.
The Order specifically provides:
FAILURE OF THE DEBTOR TO APPEAR (THROUGH COUNSEL, IF THE DEBTOR IS REPRESENTED), TO FILE A STATUS REPORT, OR TO SERVE THIS NOTICE AS REQUIRED MAY RESULT IN THE APPOINTMENT OF A CHAPTER 11 TRUSTEE, DISMISSAL OF THE CASE, OR CONVERSION TO A CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE.
The Court would like to hear from the U.S. Trustee on whether dismissal or conversion is appropriate.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D Hearing RE: Motion For Order Approving Debtor's Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 6/23/17) FR: 8-17-17
Docket 87
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17
Docket 0
Tentative for 11/09/17:
This matter is CONTINUED to 12/14/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
*************************************************************************** Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
11:00 AM
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
CONT'D STATUS CONFERENCE Hearing RE: Complaint Against Barry Beitler For:
Avoidance Of Preference Pursuant To 11 U.S.C. Section 547;
Recovery Of Avoided Transfers Pursuant To 11 U.S.C. Section 550; And
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502 (Complaint filed 5/9/17)
FR: 8-3-17
Docket 1
Tentative for 11/09/17 is to set the following dates and deadlines:
Discovery cutoff: March 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 30, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: May 31, 2018 at 11:00 a.m.
The parties are advised to cooperate and follow all local and federal rules precisely. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the action.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Alan J Friedman
Defendant(s):
Barry Beitler Pro Se
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Hearing RE: Motion for relief from stay [Action In Non-Bankruptcy Forum}
Monty Holdings, LLC vs. DEBTOR (Motion filed 10/15/17)
[RE: Case Name: Monty Holdings, LLC vs. WJA Secure Real Estate Fund LLC]
[Docket No.: 2015-L-002445]
[Pending In: Circuit Court of Cook County, Ill., County Department Law Division]
Docket 234
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Hearing RE: Motion To Avoid Junior Liens On Real Property Located At 830 Arbolado Drive, Fullerton, California 92835
(Motion filed 10/16/17)
Docket 68
Tentative for 11/09/17 is to GRANT, except as to the request to avoid the "additional junior tax liens and judgment liens" in this motion (Dk. 68, p.5:15- 21) as such lienholders, if any, were not identified and/or served with the motion.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D Hearing RE: Motion For Order Authorizing Use Of Cash Collateral And Use Of Property Of The Estate Not In The Ordinary Course Of Business (Motion filed 8/21/17)
FR: 9-14-17
Docket 39
Tentative for 11/9/17:
This matter is CONTINUED to December 7, 2017 at 11:00 a.m. to allow Debtor to provide a full copy of the insurance policy for AT Remodeling, Inc., which must be filed by no later than November 24, 2017. Without the entire policy, the Court cannot determine whether the policy will adequately protect the Estate. The Court remains concerned about the propriety of the retention of an unlicensed contractor to perform roofing services on Estate property.
Appearances are excused for the 11/09/17 hearing.
*************************************************************************** Tentative for 9/14/17 is to DENY without prejudice:
Service is improper. Motion was not served as required by FRBP 4001 (b)(1)(A) which provides that a motion for use of cash collateral shall be made in accordance with FRBP 9014. FRBP 9014(b), in turn, requires service
"in the manner provided for service of a summons and complaint by Rule 7004..."
The Court is unconvinced that the retention of an unlicensed contractor to perform nearly $30,000 worth of roof repairs will benefit the estate or adequately protect its secured creditors' interest (which is Debtor's burden).
The Court requires clarification as to whether or not Debtor believes
11:00 AM
the rental income is cash collateral. In its Opposition filed 8/31/17 [Dk. 44] to the U.S. Trustee's Motion to Dismiss, Debtor states "Debtor does not believe that any of the trust deed holders have a perfected security interest in the rental income generated by that property. Accordingly, Debtor believes that the rental income from that property is not cash collateral."
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Disallowing Claim Of LVNV Funding, LLC (Motion filed 10/10/17)
Docket 56
Tentative for 11/09/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Disallowing Scheduled Claim Of Franchise Tax Board
(Motion filed 10/10/17)
Docket 59
Tentative for 11/09/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion To Avoid All Junior Liens On Real Property Located At 779 Arbolado Drive, Fullerton, CA 92835
(Motion filed 10/11/17)
Docket 62
Tentative for 11/09/17 is to GRANT as to all junior lienholders except Lidia Flores and EKB Financial as Movant has not demonstrated proper service as to these creditors.
The Court notes the Opposition filed 10/26/17 [Dk. 72] by B&R Cassel Enterprises, Inc., Lif, Inc., and AAronson & AAronson, Inc., without counsel, in violation of LBR 9011-2 (corporations may not appear without counsel), and notes that notwithstanding the failure, the Opposition lacks evidence and is overruled.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion To Avoid Junior Liens On Real Property Located At 820 Mesita Place, Fullerton, CA 92835
(Motion filed 10/11/17)
Docket 63
Tentative for 11/09/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTORS (Motion filed 10/23/17)
Re: 83784 Avenida Serena, Indio, CA 92203
Docket 11
Tentative for 11/14/17 is to DENY:
Service is improper. The movant did not serve the Shellpoint Mortgage Service, the entity scheduled by Debtors, as required by LBR 4001-1(c)(1)(C).
Debtor(s):
Charles Robert De Lorey Pro Se
Joint Debtor(s):
Janelle Dee De Lorey Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Buckley Madole, P.C. - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 10/23/17)
Re: 1153 Kimbark Ave, San Bernardino, CA 92407-1207 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from stay
AmeriCredit Financial Services, Inc. vs. DEBTORS (Motion filed 10/20/17)
Re: 2016 BUICK ENCORE, VIN KL4CJASBXGB630292
EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
THOMAS CHARLES HOLZER Represented By
Linda A Lindsey
Joint Debtor(s):
SILVIA ROXANA HOLZER Represented By
10:00 AM
Trustee(s):
Linda A Lindsey
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from stay
TD Auto Finance LLC vs. DEBTORS (Motion filed 10/16/17)
Re: 2017 Nissan Titan, VIN 1N6BA1F49HN511286
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Armando Rivera Represented By Keith Q Nguyen
Joint Debtor(s):
Leslie M. Rivera Represented By
10:00 AM
Trustee(s):
Keith Q Nguyen
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 38
Tentative for 11/14/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Mark Anthony Lewandowski Represented By Scott W Hanssler
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on. Order to Show Cause Re: Why Safety Care Transportation, Inc. should not be held in Contempt of this Court's Order Granting the Trustee's Motion for Rule 2004 Examination of Safety Care Transportation, Inc.
(Cont. from 10/17/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 10/24/17 for Order Approving Compromise of Controversy With Douglas D. DeHart, Inc. Pursuant to Federal Rule of Bankruptcy Procedure 9019
EH
Docket 80
Tentative for 11/14/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg. on chapter 7 trustee's Motion for Clarification of Court Order and Request for Withdrawal of Charges Placed on County Tax Bill
EH
Docket 126
- NONE LISTED -
Debtor(s):
Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade
W. Derek May
Trustee(s):
Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin
Stephen F Biegenzahn
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/13/17)
EH
Docket 0
Tentative for 11/14/17:
The Court has received and reviewed the Status Report filed 11/14/17 [Dk. 520] in which the Chapter 11 Trustee reports that he expects to be filing a motion to dismiss and/or convert very soon and requests a continuance of at least 60 days. The Court will CONTINUE this matter to 02/20/18 at 1:30 p.m. and expects the motion to be filed shortly.
A status report is due 14 days in advance of the continued status conference hearing.
Appearances are excused for the 11/09/17 hearing.
*************************************************************************** Tentative for 6/13/17:
The Court has received and reviewed the Status Report filed 5/30/17 [Dk. 499] and will CONTINUE this matter to 11/14/17 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 6/13/17 hearing.
***************************************************************************** Tentative for 3/07/17:
1:30 PM
The Court has received and reviewed the Status Report filed 2/21/17 [Dk. 459] and will CONTINUE this matter to 6/13/17 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 3/07/17 hearing.
**************************************************************************** Tentative for 1/10/2017:
The Court has received and reviewed the status report [Dk. 444] and will CONTINUE this matter to 3/7/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 1/10/2017 hearing.
**************************************************************************** Tentative for 11/1/2016:
The Court has received and reviewed the status report [Dk. 425] and will CONTINUE this matter to 1/10/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused for the 11/1/2016 hearing.
**************************************************************************** Tentative for 7/19/2016:
The Court has received and reviewed the status report [Dk. 310] and will CONTINUE this matter to 10/18/2016 at 1:30 p.m. A status report is due 14 days in advance.
**************************************************************************** Tentative for 5/10/16:
The status conference is CONTINUED to 7/19/2016 at 1:30 p.m. A status report is due 14 days in advance.
1:30 PM
**************************************************************************** Tentative for 3/1/16:
The status conference is CONTINUED to 5/10/16 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 1/12/16:
See tentative for #20.
Personal appearances by all parties, except the United States Trustee, are required in Courtroom 5C, located at 411 West Fourth Street, Santa Ana, CA 92701.
***************************************************************************** Tentative for 12/1/2015:
The Court will CONTINUE this matter to 1/12/2016 at 1:30 p.m. to coincide with the hearing on the disclosure statement.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/3/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Motion filed 9/8/17 for approval of chapter 11 disclosure statement
EH
Docket 66
- NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on general counsel for alleged Debtor's motion filed 9/27/17 for Attorneys' Fees, Cost and Damages Pursuant to 11 U.S.C. 303(i)
(Cont. from 11/7/17) EH
Docket 111
- NONE LISTED -
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Debtor's Motion filed 10/16/17 for Order (1) Approving the Sale of Real Property of the Estate as is with all Faults Pursuant to 11 U.S.C. Section 363(b) (1); (2) Approving Overbid Procedures as proposed herein; (3) Determining that the Proposed Buyer is a "Good Faith Purchaser" under 11 U.S.C. Section 363 (m); and (4) Waiver of the Stay under FRBP 6004(h)
EH
Docket 78
- NONE LISTED -
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 10/16/17 for Order (1) Approving the Sale of Real Property of the Estate as is with all Faults Pursuant to 11 U.S.C. Section 363(b) (1); (2) Approving Overbid Procedures as proposed herein; (3) Determining that the Proposed Buyer is a "Good Faith Purchaser" under 11 U.S.C. Section 363 (m); and (4) Waiver of the Stay under FRBP 6004(h)
EH
Docket 64
- NONE LISTED -
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci Julie Philippi
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. from 8/16/17) EH
Docket 1
Tentative for 11/15/17:
This matter is CONTINUED to March 14, 2018 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
****************************************************************************** Tentative for 8/16/17:
The Court has received and reviewed the status report filed late on August 11, 2017 [Dk. 37]. This status conference is CONTINUED to November 15, 2017 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
****************************************************************************
1:30 PM
Tentative for 5/10/17:
The Court has reviewed the Status Report filed 5/2/17 [Dk. 34] and notes that it indicates the appeal has been filed and is pending. The Court will CONTINUE the status conference to August 16, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/15/17:
Appearances required. The parties should be prepared to discuss (1) the impact of the pending appeal on the motion for summary judgment presently calendared for 5/3/17; and (2) new dates for the pre-trial conference and motion for summary judgment, if warranted.
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Mohammad Far Represented By Stephen H Darrow
Ruth Ann Far Represented By
Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Ames Todd O'Laverty Represented By Ian Landsberg
1:30 PM
Cheri O'Laverty Represented By Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:17-01026 Hitchman et al v. Dupree-Yeager
STATUS CONFERENCE re: Complaint by Bruce Hitchman, LeeAnn Hitchman against Tashauna Lynn Dupree-Yeager - 523(a)(4)
(Cont. from 10/18/17) EH
Docket 1
Tentative for 11/15/17:
This matter is CONTINUED to 12/13/17 at 1:30 p.m. to coincide with the hearing on Plaintiff's motion for default judgment.
Appearances for the 11/15/17 hearing are excused.
***************************************************************************** Tentative for 5/10/17:
The Court has received and reviewed the status report filed 4/26/17 [Dk. 11] and will CONTINUE this matter to September 13, 2017 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than June 30, 2017 and either self-calendar the matter for a hearing or utilize the local rules for motions without hearings. The failure to meet these deadlines may result in the imposition of monetary or non- monetary sanctions.
Appearances are excused at the 5/10/17 hearing. Plaintiff is to lodge an order within seven (7) days.
1:30 PM
Debtor(s):
Tashauna Lynn Dupree-Yeager Represented By Gary S Saunders
Defendant(s):
Tashauna Lynn Dupree-Yeager Pro Se
Plaintiff(s):
Bruce Hitchman Represented By Arnold H Wuhrman
LeeAnn Hitchman Represented By Arnold H Wuhrman
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr. et al
STATUS CONFERENCE re: Complaint by Robert Adair, Marco Antonio Vargas Jr. against Marco Antonio Vargas Jr. -523(a)(2), 523(a)(6)
EH
Docket 1
Tentative for 11/15/17:
The Court has not received a status report for this matter and is inclined to sanction counsel $150.00.
The Court is also inclined to CONTINUE this matter to February 7, 2018 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than January 10, 2018 and set it for hearing on February 7, 2018 at 1:30 p.m. The motion for default judgment must be supported by appropriate evidence.
The failure to meet these deadlines may result in the imposition of monetary or non-monetary sanctions.
Appearances are required.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Marco Antonio Vargas Jr. Represented By Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
1:30 PM
Mike Sethi Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01119 Laski et al v. On Deck Capital
STATUS CONFERENCE re: Complaint by Richard J Laski v. On Deck Capital For: (1) Avoidance And Recovery Of Preferential Transfers [11 U.S.C. §§ 547 (b), And 550]; (2) Avoidance And Recovery Of Post-Petition Transfers [11
U.S.C. §§ 549, And 550]; And (3) Preservation Of Avoided Transfers [11 U.S.C.
§ 551]
(Cont. from 9/13/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Defendant(s):
On Deck Capital Represented By
J. Alexandra Rhim
Plaintiff(s):
Richard J Laski Represented By
M Douglas Flahaut
Trustee(s):
Richard J Laski (TR) Represented By
1:30 PM
Aram Ordubegian M Douglas Flahaut Sevan Gorginian
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
STATUS CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. EH
(Cont. from 8/30/17)
Docket 1
- NONE LISTED -
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan-
Infiniti LT
(Motion filed 9/28/17)
[RE: Leased 17 Nissan Rogue 2WD - Amount: $15,429.32] [VIN No.: SN1AT2MT7HC734961]
Docket 18
- NONE LISTED -
Debtor(s):
Humberto Beltran Represented By Daniel King
Joint Debtor(s):
Martha Carrillo Represented By Daniel King
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Lendmark Financial Services LLC
[CB CASE]
(Motion filed 9/19/17]
[RE: 2001 Ford F150 - Amount: $7,686.43] [VIN No.: 2FTZX07201CA47307]
Docket 10
- NONE LISTED -
Debtor(s):
Oscar Roberto Garcia Monroy Represented By Marlin Branstetter
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And AmeriCredit Financial Services, Inc. dba GM Financial
[CB Case]
(Motion filed 9/28/17)
[RE: 2015 Chevrolet Cruze - Amount: $13,656.00] [VIN No.: 1G1PA5SG2F7230120]
Docket 11
- NONE LISTED -
Debtor(s):
Victoria Morataya Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
CONT'D Pro se Reaffirmation Agreement Between Debtor And Capital One Auto Finance, A Division Of Capital One, N.A.
[CB CASE]
(Motion filed 8/23/17)
[RE: 2012 Nissan Altima - Amount: $5,675.41] [VIN No.: 1N4AL2AP7CN500768]
FR: 9-20-17
Docket 9
- NONE LISTED -
Debtor(s):
Sheila C Dumbauld Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Motion for Approval Of Reaffirmation Agreement With Wescom Central Credit Union
[CB CASE]
(Motion filed 9/26/17)
[RE: 2013 Nissan Sentra - Amount: $7,989.27] [VIN No.: 3N1AB7AP6DL734902]
Docket 10
- NONE LISTED -
Debtor(s):
Vicente Guzman Represented By Lauren M Foley
Joint Debtor(s):
Olga Yaneth Cruz De Guzman Represented By Lauren M Foley
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
[CB Case]
(Motion filed 10/16/17)
[RE: 2013 Honda CRV - Amount: $3,386.40] [VIN NO.: 3CZRM3H32DG705793]
Docket 10
- NONE LISTED -
Debtor(s):
Ki Hak Yoon Represented By
Sunghyun Alex Kim
Joint Debtor(s):
Kyung Cha Yoon Represented By Sunghyun Alex Kim
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And UNIFY Financial Federal Credit Union
[TA Case]
(Motion filed 10/19/17)
[RE: 2011 Toyota Corolla - Amount: $5,265.19]
Docket 10
- NONE LISTED -
Debtor(s):
Trang Thu Thi Danh Represented By Christine A Kingston
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 10/24/17)
[RE: 2014 Toyota Camry - Amount: $6,200.00] [VIN No.: 4T1BF1FKOEU334644]
Docket 10
- NONE LISTED -
Debtor(s):
Timmy Ngo Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And CIG Financial, LLC (Motion filed 10/12/17)
[RE: 2017 Nissan Sentra - Amount: $18,628.12]
Docket 9
- NONE LISTED -
Debtor(s):
Victor Sigfredo Valdivia Campos Represented By
Harout G Bouldoukian
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:15-01398 Marshack v. CNA Risk Management et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Preferential Transfers [11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/24/15) (Alias Summons issued 10/28/15) (PTC set at S/C held 3/9/16)
[CNA Risk Management - dismissed -order entered 2-18-16 [docket no. 25] [CNA Financial Corporation -dismissed - order entered 2-18-16 [docket no. 25]
[Loews Corporation - dismissed - order entered 2-18-16 [docket no. 25]
FR: 1-13-16; 3-9-16; 8-17-16; 11-30-16; 4-19-17; 8-16-17
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Risk Management Represented By Clinton J McCord
CNA Financial Corporation Represented By Clinton J McCord
Loews Corporation Represented By
11:00 AM
Clinton J McCord
Continental Casualty Company Represented By Clinton J McCord Shiva D. Beck
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 10/12/17)
Claim No. 5-1 US Bank NA $205,687.40 dba US Bank Equipment Finance
Docket 272
Tentative for 11/15/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cingular Inc. Represented By
Stephen R Wade
W. Derek May Thomas J Polis
Trustee(s):
Karen S Naylor (TR) Represented By William M. Burd
11:00 AM
Adv#: 8:17-01045 Marshack v. Farino et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers; Alter Ego; To Revoke Discharge
(Complaint filed 3/22/17) FR: 6-14-17; 8-16-17
Docket 1
Tentative for 11/15/17:
The Court has received and reviewed the status report filed November 1, 2017 [Dk. 13] and notes the Defendant's comments in ¶G regarding closing of the case pending payment or default of the settlement amount, but has not heard from the Plaintiff on how the Plaintiff would like to proceed.
Appearances required.
**************************************************************************** Tentative for 8/16/17:
The Court has received and reviewed the status report filed July 31, 2017 [Dk. 11]. This matter appears to have been settled and is pending final documentation of the settlement. Accordingly, this matter is CONTINUED to November 15, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 6/14/17:
The Court notes that an order re: mediation was entered on 6/2/17 and will CONTINUE this matter to 8/10/17 at 10:00 a.m. A status report is due 14
11:00 AM
days in advance.
Appearances are excused for the 6/14/17 hearing.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Defendant(s):
Richard A. Farino Pro Se
Farino Ready Mix, Inc. Pro Se
Justin Jensen Pro Se
Kelly Anne Duman Pro Se Farino Construction Services, Inc. Pro Se Farino Engineering, Inc. Pro Se
Farino Concrete Pumping, Inc. Pro Se
Farino Leasing, LLC Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:17-01021 Marshack v. Sand
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Turnover Of Property Of The Estate
[11 U.S.C. Sections 542(a)] (Complaint filed 2/8/17)
(PTC set at S/C held 6/14/17) FR: 5-3-17
Docket 1
Tentative for 11/15/17:
The Court has received the Proposed Unilateral Pretrial Statement filed 11/02/17 [Dk. 23] and accompanying declaration [Dk. 24] in which Plaintiff states that Defendant's counsel, who filed an answer on Defendant's behalf on 6/14/17 [Dk. 15], advised him that "she was not retained to try the adversary proceeding and could not sign the Statement." The Court is inclined to sanction Defendant's counsel $150.00 for the failure to cooperate with Plaintiff regarding the pretrial statement as Defendant's counsel remains counsel of record.
The Court is also inclined to set this matter for trial on March 27, 2018 at 9:30 a.m.
Personal appearances by Defendant's counsel and Plaintiff's counsel are required.
***************************************************************************** Tentative for 6/14/17 is to set the following dates and deadlines:
Discovery cutoff: August 31, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
11:00 AM
Motion cutoff: October 4, 2017. Note: that this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: November 15, 2017 at 11:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions including the dismissal of the action or striking of the answer.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Defendant(s):
Helen Melissa Sand Pro Se
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 9/26/17)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $1,191.75; Expenses: $116.93]
Docket 31
Tentative for 11/15/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Phong Quoc Nguyen Represented By Lyly Nguyen
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
(2) Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16, 5-11-17
Docket 1
Tentative for 11/16/17:
Appearances required.
**************************************************************************** Tentative for 5/11/2017:
The Court has received and reviewed the status report filed on 4/27/17 [Dk. 962]. This matter is CONTINUED to 11/16/17 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 6/23/2016:
None listed.
***************************************************************************** Tentative for 2/11/2016:
The Court has received and reviewed the status report filed on 1/28/16 [Dk. 957]. The status conference is CONTINUED to 6/23/2016 at 11:00 a.m. A status report is due 14 days in advance. The Liquidation Trustee is to include
11:00 AM
an estimation as to completion date of all outstanding issues in the next report.
Appearances are excused.
***************************************************************************** Tentative for 8/20/2015:
The Court has received and reviewed the status report filed on 8/6/2015 [Dk. 955]. The status conference is CONTINUED to 2/11/2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/19/15:
The Court has received and reviewed the status report filed on 3/5/15 [Dk. 952]. The status conference is CONTINUED to 8/20/15 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 10/30/14:
The Court has received and reviewed the status report filed on 10/16/14 [Dk. 949]. The status conference is CONTINUED to 3/19/15 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 4/17/14:
The Court has received and reviewed the status report filed on 4/3/14 [Dk.
11:00 AM
943]. The status conference is CONTINUED to October 30, 2014 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 11/14/13:
The Court has received and reviewed the status report filed on 10/28/13 [Dk. 940]. The status conference is continued to April 17, 2014 at 11:00 a.m. with a status report due 14 days in advance.
Appearances excused.
****************************************************************************** Tentative for 5/23/13:
The Court has received and reviewed the status report filed on 5/9/13 [Dk. 931]. The status conference is continued to November 14, 2013 at 11:00
a.m. with a status report due 14 days in advance.
Appearances excused.
****************************************************************************** Tentative for 11/15/12:
None listed.
****************************************************************************** Tentative for 9/20/12:
None listed.
****************************************************************************** Tentative for 7/19/12:
The Court has received and reviewed the status report filed on 7/5/12 [Dk.
11:00 AM
552]. The status conference is continued to September 20, 2012 at 10:00
a.m. with a status report due 14 days in advance.
Appearances excused.
******************************************************************************* Tentative for 5/10/12:
Set a continued status conference for July 19, 2012 at 10:00 a.m. with a status report due 14 days in advance.
******************************************************************************** Tentative for 2/16/12:
Set continued status conference for May 10, 2012, at 10:00 a.m. with a status report due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 2/1/12:
Set continued status conference date of May 17, 2012 at 10:00 a.m. with a status report due 14 days in advance. Debtors may use this hearing date for a hearing regarding the adequacy of their disclosure statement, provided the disclosure statement is timely filed.
******************************************************************************* Tentative from 12/8/11:
Hearing is vacated and matter is continued to 2/16/12 at 10:00 a.m. on the Court's motion. Debtor is to lodge an order within seven (7) days setting the dates set forth below.
************************************************************* Tentative for 12/8/11 is as follows:
11:00 AM
Set bar date of 2/17/12, with notice to be mailed by 12/16/11.
Set continued status conference date of 2/16/12 at 10:00 a.m., with a status report due 14 days in advance.
Debtor's counsel to lodge an order within seven (7) days. Appearances are excused.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
11:00 AM
Hearing RE: Notice Of Liquidation Trustee's Proposed Abandonment Of Property Of The Liquidation Trust
(Motion filed 9/20/17)
Docket 964
Tentative for 11/16/17:
Appearances required.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 4/9/13) (Plan Confirmed on 9/13/13)
(Set per Order Entered 9-13-13)
FR: 1-9-14; 5-8-14; 12-11-14; 5-21-15; 11-19-15; 5-5-16; 5-12-16; 11-17-16; 12-
1-16; 7-13-17
Docket 1
- NONE LISTED -
Debtor(s):
Evergreen Oil, Inc. Represented By Allan D Sarver
Heather M McKeon
11:00 AM
Adv#: 8:17-01025 California Hispanic Commission on Drug and Alcohol v. Long Term Care
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Post-Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550 (Complaint filed 2/16/17)
[Genesis Title Holding Corporation - Dismissed 4/25/17 - Docket No. 5]
FR: 6-14-17; 6-15-17
Docket 1
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
Defendant(s):
Genesis Title Holding Corp. Pro Se
Long Term Care Properties, Inc. Pro Se
Plaintiff(s):
California Hispanic Commission on Represented By
Linda F Cantor ESQ
11:00 AM
Adv#: 8:17-01053 County Of Orange v. California Hispanic Commission on Alcohol and Drug
CONT'D STATUS CONFERENCE RE: Complaint For Determination Of Dischargeability Of Debt
(Complaint filed 4/17/17) FR: 7-13-17
Docket 1
Tentative for 11/16/17 is to set the following dates and deadlines:
Discovery cutoff: February 01, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: April 19, 2018 at 11:00 a.m.
The parties are advised to cooperate and follow all local and federal rules precisely. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the action.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Defendant(s):
California Hispanic Commission on Pro Se
Plaintiff(s):
County Of Orange Represented By James C Harman
11:00 AM
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 2-2 American Honda Finance $12,549.31
Docket 133
Tentative for 11/16/17 is to CONTINUE to December 20, 2017 at 11:00 a.m. to allow the Debtor to effectuate service on Claimant pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 11/16/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 3 Nuray DePriest $88,750.00
Docket 164
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 22-1 Samini Scheinberg $467,991.02
Docket 131
Tentative for 11/16/17 is to CONTINUE to December 20, 2017 at 11:00 a.m. to allow the Debtor to effectuate service on the Claimant pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 11/16/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
10:00 AM
Emergency hrg. re: Motion for an Order Limiting Notice, Scheduling Hearing, and Specifying Form and Manner of Service of Notice
EH
Docket 8
Debtor(s):
Wai Hung Cheng Represented By Rebecca J Winthrop
10:00 AM
Emergency hrg. re: Motion for a Temporary Restraining Order Emergency Motion of Foreign Representatives for Provisional Stay Under 11. U.S.C. §§ 105, 362 and 1519
EH
Docket 9
Debtor(s):
Wai Hung Cheng Represented By Rebecca J Winthrop
10:00 AM
Emergency hrg. re: Motion for an Order Limiting Notice, Scheduling Hearing, and Specifying Form and Manner of Service of Notice
EH
Docket 8
Debtor(s):
Wai Tak Terrence Cheng Represented By Rebecca J Winthrop
10:00 AM
Emergency hrg. re: Motion for a Temporary Restraining Order Emergency Motion of Foreign Representatives for Provisional Stay Under 11. U.S.C. §§ 105, 362 and 1519
EH
Docket 9
Debtor(s):
Wai Tak Terrence Cheng Represented By Rebecca J Winthrop
9:30 AM
Adv#: 8:15-01425 Marshack v. Ayotte et al
TRIAL RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers
[11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16) (Trial set at PTC held 6/14/17)
[Law Offices of Michael W. Ayotte [ONLY] - Dismissed per Order Entered 4- 6-17 - Docket No. 33]
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16; 4-19-17; 6-14-17
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Michael W. Ayotte Represented By Michael W Ayotte
Law Offices of Michael W. Ayotte Represented By
Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack
9:30 AM
Trustee(s):
D Edward Hays
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Hearing RE: Emergency Motion To Recuse Bankruptcy Judge Mark Wallace Under 28 U.S.C. Section 455
(Motion filed 10/30/17)
Docket 188
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
10:00 AM
Motion for relief from stay [Personal Property]
A-L Financial Corporation vs. DEBTOR (Motion filed 11/8/17)
[RE: 2013 Ford Mustang - VIN No.: 1ZVBP8EM8D5232818]
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Saul Arreguin-Galvan Represented By Seema N Sood
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Nissan-Infiniti Lt. vs. DEBTOR (Motion filed 10/26/17)
[RE: 2016 Infiniti Q50 - VIN No.: JN1FV7AR6GM451862]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Seyed Milad Yekrangi Represented By Timothy McFarlin
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Motion for relief from stay [Action In Non-Bankruptcy Forum]
Monty Holdings, LLC vs. DEBTOR (Motion filed 10/15/17)
[RE: Case Name: Monty Holdings, LLC vs. WJA Secure Real Estate Fund LLC]
[Docket No.: 2015-L-002445]
[Pending In: Circuit Court of Cook County, Ill., County Department Law Division]
FR: 11-9-17
Docket 234
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From May 18, 2017 Through October 31, 2017
(Application filed 11/16/17)
[RE: RUTAN & TUCKER , LLP, Special Counsel For Debtor And Debtors-In- Possession]
[FeeS: $120,660.00; Expenses: $3,146.18]
Docket 276
Tentative for 12/07/17 is to APPROVE as modified as set forth in the Declaration of Howard Grobstein filed 11/27/17 [Dk. 294].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Hearing RE: First Interim Application For Order Approving Payment Of Fees And Reimbursement Of Expenses For The Period Of June 7, 2017 Through November 11, 2017
(Application filed 11/16/17)
[RE: MENCHACA & COMPANY, LLP - Accountant For Debtors And Debtors-In-Possession]
[Fees: $245,497.06; Expenses: $35.43]
Docket 277
Tentative for 12/07/17 is to APPROVE as modified as set forth in the Declaration of Howard Grobstein filed 11/27/17 [Dk. 294].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Hearing RE: Motion of Luxury Asset Purchasing International, LLC, 5827 Winland Hills Drive Development Fund, LLC, TD REO Fund, LLC, and CA Real Estate Opportunity Fund III, LLC, to Use Property of their Estates Under 11
U.S.C. § 363(b) to Pay Various Fees Related to the Entitlement Process (Motion filed 10/24/17)
Docket 250
Tentative for 12/07/17:
The Court has reviewed the Oppositions filed by Creditor Leslie E. Winchell on 11/7/17 [Dk. 262] and by Creditor Michael Bezner on11/7/17 [Dk. 264], as well as the Debtor's Reply filed 11/30/17 [Dk. 303]. The Court will make inquiries as necessary to further evaluate the Motion.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From May 13, 2017 Through November 14, 2017
(Application filed 11/16/17)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]
[Fees: $610,169.58; Expenses: $69,232.31]
Docket 279
Tentative for 12/07/17 is to APPROVE as modified as set forth in the Declaration of Howard Grobstein filed 11/27/17 [Dk. 294].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
CONT'D Hearing RE: Motion For Order Authorizing Use Of Cash Collateral And Use Of Property Of The Estate Not In The Ordinary Course Of Business (Motion filed 8/21/17)
FR: 9-14-17; 11-9-17
Docket 39
- NONE LISTED -
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17
Docket 1
NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17; 11-9-17
Docket 1
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17; 11-9-17
Docket 1
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
Hearing RE: Defendant John Jean Bral's Motion For Order Dismissing With Prejudice All Claims For Relief Asserted By Plaintiff Barry Beitler Pursuant To
F.R.C.P. 12(b)(6) (Motion filed 11/9/17)
Docket 25
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Represented By William N Lobel Beth Gaschen
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
Hearing RE: Defendant John Jean Bral's Motion For Order Dismissing With Prejudice All Claims For Relief Asserted By Plaintiff Steward Financial LLC Pursuant To F.R.C.P. 12(b)(6)
(Motion filed 11/9/17)
Docket 25
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Represented By William N Lobel Beth Gaschen
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
Hearing RE: Defendant John Jean Bral's Motion For Order Dismissing With Prejudice All Claims For Relief Asserted By Plaintiff Beitler And Associates, Inc., dba Beitler Commercial Realty Services Pursuant To F.R.C.P. 12(b)(6)
(Motion filed 11/9/17)
Docket 25
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Represented By William N Lobel Beth Gaschen
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:15-01131 ISC8 Inc. v. Meyer
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 74 Filed By Alan Meyer And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (S/C set at PTC held 3-16-17)
FR: 6-4-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-17; 10-
12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Alan Meyer Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis
11:00 AM
Adv#: 8:15-01132 ISC8 Inc. v. Fagan
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 30 Filed On Behalf Of Kenneth T. Fagan And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Kenneth T. Fagan Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin
11:00 AM
Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01133 ISC8 Inc. v. Paul Ross, as Trustee of the Irving Schotz Family
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 76 Filed By Paul Ross, As Trustee Of The Irving Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3-16-17)
FR: 6-4-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-16-
17; 10-12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Paul Ross, as Trustee of the Irving Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin
11:00 AM
Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01134 ISC8 Inc. v. Paul Ross, as Trustee of the David Schotz Family T
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 75 Filed By Paul Ross, As Trustee Of The David Schotz Family Trust, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (Alias Summons issued 3/20/15) (PTC set at S/C held 7/2/15)
(S/C set at PTC held 3/16/17)
FR: 3-20-15; 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16, 12-15-16; 3-
16-17; 10-12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Paul Ross, as Trustee of the David Represented By
J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin
11:00 AM
Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01135 ISC8 Inc. v. Leo Genecco & Sons, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 77 Filed By Leo Genecco & Sons Inc., And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Leo Genecco & Sons, Inc. Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis
11:00 AM
Adv#: 8:15-01136 ISC8 Inc. v. Genecco
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 78 Filed By David Genecco, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3-16-17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
David Genecco Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis
11:00 AM
Adv#: 8:15-01137 ISC8 Inc. v. Norton
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 83 Filed By Brendalyn Norton, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/18/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-12-17
10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Brendalyn Norton Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis
11:00 AM
Adv#: 8:15-01139 ISC8 Inc. v. Furlong
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 80 Filed By John Michael Furlong IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-21-16; 6-21-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Michael Furlong Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis Robyn B Sokol
11:00 AM
Adv#: 8:15-01140 ISC8 Inc. v. Zuccarelli
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 32 Filed By On Behalf Of Eric Zuccarelli, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (OTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Eric Zuccarelli Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis
11:00 AM
Adv#: 8:15-01142 ISC8 Inc. v. Berlat et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 85 Filed By On Behalf Of Alvin S. Berlat & Barbara C. Berlat Living Trust Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-3-15; 1-14-16; 4-14-16; 4-28-16; 6-23-16; 8-25-16; 12-8-16; 12-15-16; 3-
16-17; 10-12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Alvin Saul Berlat Represented By J Scott Bovitz
Barbara C Berlat Represented By J Scott Bovitz
11:00 AM
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov Michael W Davis
11:00 AM
Adv#: 8:15-01143 ISC8 Inc. v. Radford
CONT'D STATUS CONFERENCE Hearing RE: Complaint: (1) Objecting To Proof Of Claim No. 79 Filed By Lee D. Radford, Traditional IRA, And Seeking Declaratory Relief Determining Extent, Validity And Priority Of Alleged Lien(s); And (2) To Avoid Alleged Lien(s)
(Complaint filed 3/19/15) (PTC set at S/C held 7/2/15) (S/C set at PTC held 3/16/17)
FR: 7-2-15; 1-14-16; 4-14-16; 6-23-16; 9-1-16; 12-8-16; 12-15-16; 3-16-17; 10-
12-17; 10-19-17; 11-9-17
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
Lee D. Radford Represented By J Scott Bovitz
Plaintiff(s):
ISC8 Inc. Represented By
Susan K Seflin Jessica L Bagdanov
11:00 AM
Michael W Davis
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
CAH 2014-1 Borrower, LLC vs. Debtor (Motion filed 11/17/17)
Re: 1053 Reinhart St., San Jacinto, CA 92583 EH
Docket 19
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
The request for annulment is granted. Movant has provided evidence that its action in filing the unlawful detainer complaint after Debtor's bankruptcy case was filed were taken without knowledge of the automatic stay, as Debtor did not advise Movant of the bankruptcy filing until November 15, 2017. Further, Debtor has not provided any evidence that annulment is not warranted.
Pursuant to 11 USC §362(g), debtor bears the burden of proof on this issue. See also, Souang v. Fularon, 2011 Bankr. LEXIS 4335 (9th Cir. BAP 2011) ("...the debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.")
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Kareemah Mata Represented By
James D. Hornbuckle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTORS (Motion filed 10/23/17)
(Cont. from 11/14/17)
Re: 83784 Avenida Serena, Indio, CA 92203
Docket 11
- NONE LISTED -
Debtor(s):
Charles Robert De Lorey Pro Se
Joint Debtor(s):
Janelle Dee De Lorey Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Buckley Madole, P.C. - movant attorney Motion for Relief from stay
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 11/7/17)
Re: 39720 Bella Vista Road, Temecula, CA 92592 EH
Docket 8
Tentative for 12/12/17:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
The Court notes the Debtor's Response filed 11/28/17 [Dk. 10], which asserts that there exists a $10,000 equity cushion (1.4%), that the property is necessary for an effective reorganization, and that Debtor will seek a loan modification upon discharge. A 1.4% equity cushion is insufficient to constitute adequate protection. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984). Further, as a Chapter 7 case, there is no opportunity to "reorganize." Debtor does not dispute that she is behind 67 payments and her asserted intention to seek a loan modification in the future does not constitute grounds for denial of the motion.
Appearances required.
10:00 AM
Debtor(s):
Kimberly Cervantes Represented By
Benjamin A Yrungaray
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Law Offices of Bret D. Allen - movant attorney Motion for Relief from stay
BMW Bank of North America vs. DEBTORS (Motion filed 11/8/17)
Re: 2014 LEXUS CT Hatchback 5D CT200h I4 Hy EH
Docket 14
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Joseph Tagulao Represented By James T Lillard
Joint Debtor(s):
Rhodora Tagulao Represented By
10:00 AM
Trustee(s):
James T Lillard
Todd A. Frealy (TR) Pro Se
10:00 AM
Buckley Madole, P.C. - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 10/23/17)
(Cont. from 11/14/17)
Re: 1153 Kimbark Ave, San Bernardino, CA 92407-1207 EH
Docket 9
Tentative for 12/12/17:
None listed.
****************************************************************************** Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marcus Cheeks Pro Se
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from stay
Gateway One Lending & Finance vs. DEBTOR (Motion filed 10/27/17)
Re: 2007 Chevrolet Avalance VIN 3GNFK123X7G277690 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michaelene M Valpy Represented By Christopher Hewitt
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTOR (Motion filed 11/9/17)
Re: N 2006 Fleetwood Bounder 35E, Vin No. 5B4MP67G063413746 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Philip A Caldera Represented By Paul Y Lee
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 10/31/17)
RE: 2015 Toyota Sienna (VIN 5TDKK3DC8FS686366)
EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Raymond S Calladine Represented By Jeremiah D Raxter
Joint Debtor(s):
Maria C Calladine Represented By Jeremiah D Raxter
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Marjorie Johnson - movant attorney Motion for Relief from Stay
M & N Financing Corporation vs. DEBTOR (Motion filed 11/10/17)
Re: 2006 Ford Explorer EH
Docket 8
Tentative for 12/12/17 is to DENY for improper service.
LBR 4001-1(c) requires the Movant to serve the Debtor as well as Debtor's counsel with any Motion for Relief from Stay. Here, the Debtor was not properly served. The Proof of Service indicates Debtor was served via U.S. Mail at 7955 Magnolia A, Riverside, CA 92504. However, Debtor's address listed on her Petition is 7955 Magnolia Ave., #11D, Riverside CA 92504.
Since Debtor was not properly served, the Motion is denied.
Debtor(s):
Betsy Gutierrez Represented By Brian J Soo-Hoo
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Mark D. Estle - movant attorney Motion for Relief from stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 11/8/17)
Re: 2016 Toyota Camry; 4T1BF1FK6GU529666
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Robert Kessler Represented By David Lozano
Joint Debtor(s):
Irma Guardado Kessler Represented By David Lozano
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Gateway Mortgage Group LLC vs. DEBTOR (Motion filed 11/9/17)
Re: 14361 Caroline St., Adelanto, CA 92301 EH
Docket 9
- NONE LISTED -
Debtor(s):
Rozann Sunderland Represented By Yolanda Flores-Burt
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from stay
American Honda Finance Corporation vs. DEBTOR (Motion filed 11/7/17)
Re: 2015 Honda Accord, VIN: 1HGC R2F5 9FA1 56379
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jessica Reyes Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Law Offices of Darren P. Trone - movant attorney Motion for Relief from Stay
Tiffany Trammell vs. DEBTOR (Motion filed 11/21/17)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Residential Real Property EH
Docket 11
Tentative for 12/12/17 is to CONTINUE the hearing to February 6, 2018, at 10:00 a.m. The reason for continuance is that the last day to file an action for nondischargeability is January 29, 2018. There has been no adversary proceeding filed regarding the dischargeability of any claims related to this arbitration. If the issue of nondischargeability arises, the Court will then likely grant relief so the state arbitrator can determine all issues regarding title and any monetary damages. However, if there is no dischargeability issue, liquidation of damages would be unnecessary, and relief from stay would be appropriate only as to the title issue.
Appearances required.
Debtor(s):
Vickie Hampton Represented By
C Scott Rudibaugh
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 10/10/17 To Fine And Enjoin Bankruptcy Petition Preparer Willie Mebane
EH
Docket 37
Tentative for 12/12/17 is to GRANT.
Debtor(s):
Niehema Major Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 172
Tentative for 12/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jose Luis Carbajal Represented By Qais Zafari
Joint Debtor(s):
Elvira Carbajal Represented By Qais Zafari
Trustee(s):
John P Pringle (TR) Represented By Leonard M Shulman Elyza P Eshaghi Lynda T Bui
11:00 AM
Hrg. on trustee's final report; application for compensation EH
Docket 0
Tentative for 12/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days
Debtor(s):
Ludwig Carl Schmidt III Represented By Susan Jill Wolf
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 11/2/17 Objecting to the Unfiled Claim of Glendale Outpatient Surgery Center
EH
Docket 79
Tentative for 12/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Roberto Del Castillo Pro Se
Trustee(s):
Arturo Cisneros (TR) Represented By Matthew Grimshaw Martin L Waterman Michael Alder
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 11/2/17 for Approval of Compromise Between Trustee and Debtor Robert Del Castillo
EH
Docket 80
Tentative for 12/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Roberto Del Castillo Pro Se
Trustee(s):
Arturo Cisneros (TR) Represented By Matthew Grimshaw Martin L Waterman Michael Alder
11:00 AM
Hrg. on trustee's final report; application for compensation EH
Docket 0
Tentative for 12/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Steve De La Rosa Represented By Gabriel Z Chavez
Joint Debtor(s):
Susana Tapia Represented By
Gabriel Z Chavez
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 43
Tentative for 12/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Neal Adams Represented By
Jeremiah D Raxter
Joint Debtor(s):
Masina Giavatto Represented By Jeremiah D Raxter
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 30
Tentative for 12/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Omar Barrera Represented By Daniel King
Joint Debtor(s):
Adriana Barrera Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on chapter 7 Trustee's Motion for Order Classifying Claims and Authorizing the Trustee to Make a Distribution to Certain Creditors and Parties Under 11
U.S.C. Section 726(c)(1) EH
Docket 86
Tentative for 12/12/17:
The Court cannot verify proper service. It does not appear that the creditors whose claims are subject to classification as community or separate debt received service of the motion.
Notwithstanding any potential service defect, the Court is unclear why the described distribution is merited at this time rather than finalizing the estate and proceeding with a trustee's final report.
Finally, the relief requested appears to be of a declaratory nature as the Trustee is asking (1) the Court to declare that certain debts are either community or separate; and (2) the Court to interpret whether proposed actions comply with a prior order. Movant should be prepared to discuss what authority the Court holds to grant such declaratory relief in a motion in light of FRBP 7001.
Appearances required.
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
11:00 AM
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg. on So Cal Sandbags, Inc., and Peter Rasinski Motion filed 11/14/17 to approve to Approve Settlement Agreement Between So Cal Sandbags, Inc., Peter Rasinski, And Stanton Place 2014, LLC
EH
Docket 153
Tentative for 12/12/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
11:00 AM
Hrg. on Debtor's application for Compensation for Todd L Turoci, Debtor's Attorney, Period: 7/10/2017 to 10/20/2017, Fee: $22,280.00, Expenses: $614.40
EH
Docket 106
Tentative for 12/12/17 is to APPROVE as requested, except that payment is not authorized absent further order of the Court.
Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Carmela Pagay Todd A Frealy
11:00 AM
Hrg on Debtor's Motion filed 9/15/17 for Order Authorizing to Employ Weickert, Allison, Jeter Company, Inc. as Debtor's Accountant
EH
Docket 51
Tentative for 12/12/17:
The Court will approve the employment of Weickert, Allison, Jeter Company, Inc. as the Chapter 11 Debtor's Accountant for the limited purpose of preparing the 2016 tax returns, which the Court understands were prepared prior to the conversion of the case to Chapter 7. No payment may be made to the applicant absent further order of the Court.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Carmela Pagay Todd A Frealy
11:00 AM
Hrg. on Debtor's Application for Compensation for Todd L Turoci, Debtor's Attorney, Period: 7/10/2017 to 10/20/2017, Fee: $10,525.00, Expenses: $330.68
EH
Docket 84
Tentative for 12/12/17 is to APPROVE as requested except that payment is not authorized absent further order of the Court.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci Julie Philippi
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg on Debtor's Motion filed 9/15/17 for Order Authorizing to Employ Weickert, Allison, Jeter Company, Inc. as Debtor's Accountant
EH
Docket 40
Tentative for 12/12/17:
The Court will approve the employment of Weickert, Allison, Jeter Company, Inc. as the Chapter 11 Debtor's Accountant for the limited purpose of preparing the 2016 tax returns, which the Court understands were prepared prior to the conversion of the case to Chapter 7. No payment may be made to the applicant absent further order of the Court.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
River Crest Development, LLC Represented By Todd L Turoci Julie Philippi
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 11/2/17 To Disgorge Fees And Impose Damages And Fines Against Bankruptcy Petition Preparer Marjorie Mebane
EH
Docket 10
Tentative for 12/12/17 is to GRANT.
Debtor(s):
Jorge Alberto Lefort Pro Se
Joint Debtor(s):
Yvette Irene Lefort Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on United States Trustee's Motion filed 10/30/17 to disgorge compensation pursuant to 11 U.S.C. § 329 and FRBP 2017
EH
Docket 14
Tentative for 12/12/17 is to GRANT.
Debtor(s):
Holly Mae Schlendering Represented By
J Scott Bennett
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 11/6/17 To Disgorge Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2017
EH
Docket 12
Tentative for 12/12/17 is to GRANT.
Debtor(s):
Joel Dillard Represented By
Keith Q Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg on Motion filed 11/8/17 by United States Trustee To Dismiss Case With a Re-Filing Bar
EH
Docket 7
Tentative for 12/12/17 is to GRANT.
Debtor(s):
Eduardo Gamas Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 12/12/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Samuel Cruz Hernandez Represented By Douglas A Plazak
Joint Debtor(s):
Graciela Hernandez Represented By Douglas A Plazak
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:17-01045 Delcomber v. Santiago
PRE-TRIAL CONFERENCE re: Complaint by Yvonne Delcomber against Ruben Santiago. (523(a)(4), 523(a)(6), 523(a)(3)(B))
(Cont. from 11/8/17)
Docket 1
- NONE LISTED -
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
Defendant(s):
Ruben Santiago Pro Se
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 11/14/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Motion filed 9/8/17 for approval of chapter 11 disclosure statement
(Cont. from 11/14/17) EH
Docket 66
- NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Pre-Trial Conference re Chapter 7 Involuntary Petition Against a Non-Individual. LLC : R Goodell and Self Reliance (attorney Russell M De Phillips), RMC Construction Inc, So Cal Sandbags Inc, RMC Construction Inc, Plant Reprograhics, Luis R Martin Jr, Peter Rasinski, Luis R Martin Sr, Kevin Chandler
EH
(All appearances are to be in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701)
Docket 1
- NONE LISTED -
Debtor(s):
Stanton Place 2014, LLC Pro Se
1:30 PM
Hrg. on U.S. Trustee's Motion filed 11/2/17 To Convert Or Dismiss Chapter 11 Case
EH
Docket 157
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Foster Enterprises' Motion filed 11/10/17 (1) Approving stipulation between Howard Dean Foster and Anna Mae Foster and Foster Enterprises to extend time to assume or reject nonresidential real property leases and (2) Extending time to assume, and assign, or reject nonresidential real property lease
EH
Docket 167
Tentative for 12/12/17:
The Court has several questions, including:
What are the terms of the lease; and
What effect would rejection or assumption of the lease have on Allstar?
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on U.S. Trustee's Motion filed 11/2/17 To Dismiss Or Convert Chapter 11 Case
EH
Docket 34
- NONE LISTED -
Debtor(s):
Howard Dean Foster Represented By Dean G Rallis Jr
Joint Debtor(s):
Anna Mae Foster Represented By Dean G Rallis Jr
1:30 PM
Hrg. on U.S. Trustee's Motion filed 11/2/17 To Convert Or Dismiss Chapter 11 Case
EH
Docket 51
- NONE LISTED -
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 12/12/17 is to CONVERT case to Chapter 7 pursuant to the Stipulation with the United States Trustee filed 11/17/17 [Dk. 31].
No appearances required.
The UST is to lodge an order within seven (7) days.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
1:30 PM
Harbor Law PLLC - movant attorney Motion for Relief from Stay
Marcela Ramirez vs. DEBTOR (Motion filed 11/21/17)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Class Action Pending in State Court
EH
Docket 33
- NONE LISTED -
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/13/17 between Debtor and Alta Vista Credit Union, in the amount of $22,889.68
Re: 2013 Ram 2500
Docket 0
- NONE LISTED -
Debtor(s):
James Hill Love Jr. Represented By Sundee M Teeple
Joint Debtor(s):
Holli Lynn Love Represented By Sundee M Teeple
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hearing on approval of Reaffirmation Agreement filed 10/24/17 Between Debtor and Fifth Third Bank, in the amount of $6,133.74
Re: 2008 Chevrolet Impala
Docket 17
- NONE LISTED -
Debtor(s):
Sandra Jean Martinez Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/13/17 Between Debtor and Toyota Motor Credit Corporation, in the amount of $29,640.86
Re: 2017 Toyota Camry
Docket 8
- NONE LISTED -
Debtor(s):
Lisa Marie Tracy Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 11/9/17 between Debtor and Wells Fargo Bank in the amount of $30,880.64
Re: 2016 Mercedes-Benz GLC Class
Docket 13
- NONE LISTED -
Debtor(s):
Valerie Jean DiBenedetto Represented By Stephen H Darrow
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 10/30/17 between Debtor and America First Credit Union in the amount of $8,121.81.
Re: 2010 Toyota Corolla
Docket 13
- NONE LISTED -
Debtor(s):
Rocky A Thomas Represented By Terrence Fantauzzi
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 11/8/17 between Debtor and Wescom Central Credit Union in the amount of $16,359.16
Re: 2014 Ford Fusion Energi
Docket 9
- NONE LISTED -
Debtor(s):
Joseph Robb Represented By
Terrence Fantauzzi
Joint Debtor(s):
Jessica Robb Represented By
Terrence Fantauzzi
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 10/31/17 between Debtor and Toyota Motor Credit Corporation in the amount of $4,500.00.
Re: 2013 Toyota Tundra C4X
Docket 7
- NONE LISTED -
Debtor(s):
Ronald Olin Burrows Represented By Nguyet M Tran
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:14-01304 Taylor v. Singh et al
PRE-TRIAL CONFERENCE RE: Complaint by Carole Taylor against Rindi P Singh, Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 9/13/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
1:30 PM
Plaintiff(s):
Carole Taylor Represented By Elliott R Speiser
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny))
(Cont. from 9/13/17) EH
Docket 1
- NONE LISTED -
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
Cheryl Cooper Pro Se
William Cooper Pro Se
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
1:30 PM
Plaintiff(s):
William Cooper Represented By Gregory W Brittain
Cheryl Cooper Represented By Gregory W Brittain
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01300 Bruner et al v. Singh
Status Conference re: Complaint by John Bruner, Irene Bruner against Pradeep Singh pursuant to §523(a)(2) and §523(a)(4)
(Cont. from 12/13/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
John Bruner Pro Se
Irene Bruner Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
1:30 PM
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01183 Extreme Equipment Leasing, LLC et al v. Fulgham
PRE-TRIAL CONFERENCE re: Complaint by Extreme Equipment Leasing, LLC, Steven Lane Fulgham against Steven Lane Fulgham. Dischargeability - 523(a) (2), (a)(6)
(Cont. from 10/18/17) EH
Docket 1
Tentative for 12/13/17:
Appearances required.
**************************************************************************** Tentative for 10/18/17:
The Court has received and reviewed the Notice of Settlement filed October 4, 2017 [Dk. 39]. This matter is CONTINUED to December 13, 2017 at 1:30
p.m. as a holding date. If the matter has not been resolved, a status report is due 14 days in advance.
Appearances are excused for the 10/18/17 hearing.
Debtor(s):
Steven Lane Fulgham Represented By Lazaro E Fernandez
Defendant(s):
Steven Lane Fulgham Represented By Lazaro E Fernandez
1:30 PM
Plaintiff(s):
Extreme Equipment Leasing, LLC Represented By
Daniel L Hough
Daniel L. Hough Represented By Daniel L Hough
John Carter Represented By
Daniel L Hough
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
1:30 PM
Adv#: 6:17-01026 Hitchman et al v. Dupree-Yeager
Motion by Plaintiff filed 10/31/17 for Default Judgment EH
Docket 21
Tentative for 12/13/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an two orders within seven (7) days - (1) granting the motion for default judgment and (2) a proposed judgment finding $818,268.47 nondischargeable pursuant to §523(a)(4). With respect to Plaintiff's request for attorney's fees and costs, Plaintiff may file a post-judgment motion which specifically provides the basis for the request for attorney's fees and costs, supported by appropriate evidence.
Debtor(s):
Tashauna Lynn Dupree-Yeager Represented By Gary S Saunders
Defendant(s):
Tashauna Lynn Dupree-Yeager Pro Se
Plaintiff(s):
Bruce Hitchman Represented By Arnold H Wuhrman
1:30 PM
LeeAnn Hitchman Represented By Arnold H Wuhrman
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01026 Hitchman et al v. Dupree-Yeager
STATUS CONFERENCE re: Complaint by Bruce Hitchman, LeeAnn Hitchman against Tashauna Lynn Dupree-Yeager - 523(a)(4)
(Cont. from 11/15/17) EH
Docket 1
Tenative for 12/13/17:
This matter will go off calendar in light of the Court's tentative for matter #20 to grant the motion for default judgment.
Appearances are excused.
**************************************************************************** Tentative for 11/15/17:
This matter is CONTINUED to 12/13/17 at 1:30 p.m. to coincide with the hearing on Plaintiff's motion for default judgment.
Appearances for the 11/15/17 hearing are excused.
***************************************************************************** Tentative for 5/10/17:
The Court has received and reviewed the status report filed 4/26/17 [Dk. 11] and will CONTINUE this matter to September 13, 2017 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than June 30, 2017 and either self-calendar the matter for a hearing or utilize the local rules for motions without hearings. The failure
1:30 PM
to meet these deadlines may result in the imposition of monetary or non- monetary sanctions.
Appearances are excused at the 5/10/17 hearing. Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Tashauna Lynn Dupree-Yeager Represented By Gary S Saunders
Defendant(s):
Tashauna Lynn Dupree-Yeager Pro Se
Plaintiff(s):
Bruce Hitchman Represented By Arnold H Wuhrman
LeeAnn Hitchman Represented By Arnold H Wuhrman
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01177 Frealy v. Gonzalez
Hrg. re Chapter 7 Trustee's Motion filed 10/12/17 for Default Judgment Against Defendant Julio Gonzalez
(Cont. from 11/8/17)
Docket 9
- NONE LISTED -
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Defendant(s):
Julio Gonzalez Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Toan B Chung
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
1:30 PM
Adv#: 6:17-01177 Frealy v. Gonzalez
STATUS CONFERENCE re: Complaint by Todd A. Frealy against Julio Gonzalez - §§542, 363(h)
(Cont. from 11/8/17) EH
Docket 1
- NONE LISTED -
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Defendant(s):
Julio Gonzalez Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Toan B Chung
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
11:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
CONT'D Hearing RE: Motion Of Defendants To Dismiss Complaint (Motion filed 7/6/17)
FR: 8-16-17; 9-13-17; 11-8-17
Docket 6
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Claimplus, Inc. Represented By Kelly S Biggins
American Casualty Company of Represented By Kelly S Biggins
Continental Casualty Company Represented By Kelly S Biggins
Movant(s):
CNA Claimplus, Inc. Represented By Kelly S Biggins
American Casualty Company of Represented By Kelly S Biggins
11:00 AM
Continental Casualty Company Represented By Kelly S Biggins
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Turnover Of Property Of The Estate [11 U.S.C. Section 542];
Declaratory Relief As To The Extent And Validity Of Lien [11 U.S.C. 363(p) (2)]
Damages For Willful Violation Of The Automatic Stay [11 U.S.C. 362(k)(1);
And
Injunctive Relief (Complaint filed 5/26/17)
FR: 8-16-17; 11-8-17
Docket 1
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Claimplus, Inc. Pro Se
American Casualty Company of Pro Se
Continental Casualty Company Pro Se
11:00 AM
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Defendant Pruco Life Insurance Company's Cross-Motion For Partial Summary Judgment
(Motion filed 5/17/17)
FR: 6-28-17; 8-16-17; 9-13-17
Docket 48
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation (Final Report filed 11/13/17)
[RE: WENETA M.A. KOSMALA - Chapter 7 Trustee] [Fees: $6,148.80; Expenses: $60.66]
[RE: LAW OFFICES OF WENETA M.A. KOSMALA - Attorney For Trustee]
[Fees: $13,692.00; Expenses: $70.33]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 81
Tenative for 12/13/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Brent M Pratley Represented By William J Smyth
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D Hearing RE: Motion For Partial Summary Judgment Pursuant To FRBP 7056 Of Plaintiffs, International Christian Broadcasting, Inc. And Trinity Christian Center Of Santa Ana, Inc.
(Motion filed 9/14/17) [Holding Date]
FR: 10-26-17
Docket 196
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion Objecting To Debtor's Exemptions (Motion filed 11/13/17)
Docket 38
- NONE LISTED -
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:17-01021 Marshack v. Sand
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Turnover Of Property Of The Estate
[11 U.S.C. Sections 542(a)] (Complaint filed 2/8/17)
(PTC set at S/C held 6/14/17) FR: 5-3-17; 11-15-17
Docket 1
Tentative for 12/13/17:
None listed.
**************************************************************************** Tentative for 11/15/17:
The Court has received the Proposed Unilateral Pretrial Statement filed 11/02/17 [Dk. 23] and accompanying declaration [Dk. 24] in which Plaintiff states that Defendant's counsel, who filed an answer on Defendant's behalf on 6/14/17 [Dk. 15], advised him that "she was not retained to try the adversary proceeding and could not sign the Statement." The Court is inclined to sanction Defendant's counsel $150.00 for the failure to cooperate with Plaintiff regarding the pretrial statement as Defendant's counsel remains counsel of record.
The Court is also inclined to set this matter for trial on March 27, 2018 at 9:30 a.m.
Personal appearances by Defendant's counsel and Plaintiff's counsel are required.
11:00 AM
***************************************************************************** Tentative for 6/14/17 is to set the following dates and deadlines:
Discovery cutoff: August 31, 2017. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 4, 2017. Note: that this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: November 15, 2017 at 11:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions including the dismissal of the action or striking of the answer.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Defendant(s):
Helen Melissa Sand Pro Se
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Hearing RE: Trustee's Objection To The Debtor's Amended Claimed Exemption (Motion filed 11/3/17)
Docket 53
Tentative for 12/13/17:
Grant with respect to the request to allow an exemption of $100,000 in the Residence and disallow the exemption in the Condo in its entirety.
With respect to the request to require that any further amendments to exemptions relating to the Residence and/or Condo be done by motion, the Court would like to hear from the Trustee as to what authority it has to issue such an order, when Debtor has a general right to freely amend exemptions under FRBP 1009(a).
Debtor(s):
William Burks Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion For Approval Of Stipulation For Purchase Of Estate's Equity By Debtor (256 N. Donneybrooke Street, Orange, CA)
(Motion filed 11/17/17)
Docket 44
Tentative for 12/13/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Antonio Flores Acevedo Represented By Paul C Nguyen
Trustee(s):
Richard A Marshack (TR) Represented By Erin P Moriarty
11:00 AM
Hearing RE: Trustee's Motion For Order: (1) Authorizing Sale Of Assets Of The Estate (A) Outside The Ordinary Course Of Business; (B) Subject To Overbid; And (C) For Determination Of Good Faith Purchaser Under 11 U.S.C. Section 363(m); And (2) Approving Compromise With Zimmer Dental Inc. (Motion filed 11/22/17)
Docket 569
Tentative for 12/13/17 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
Osseous Technologies of America Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Matthew Grimshaw D Edward Hays David Wood Anthony Bisconti Judith E Marshack
10:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 11/29/17) (OST Entered 11/30/17)
Docket 8
Tentative for 12/14/17 is to GRANT.
Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Daniel Eugene Ater Represented By Joseph A Weber Fritz J Firman
Joint Debtor(s):
Denise Rose Petorella Ater Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 2/13/15) (Plan Confirmed on 7/8/16)
(Set per Order Entered 7/8/16)
FR: 7-23-15; 1-7-16; 3-3-16; 3-31-16; 6-23-16; 11-16-16; 11-17-16; 11-30-16;
12-1-16, 5-11-17
Docket 1
Tentative for 12/14/17:
The Court has received and reviewed the status report filed on 12/1/17 [Dk. 1688]. This matter is CONTINUED to 5/31/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 5/11/17:
The Court has received and reviewed the status report filed on 4/27/17 [Dk. 1564]. This matter is CONTINUED to 12/14/17 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/7/16)
[Jointly Administered with:]
[Case No. 8:16-bk-12879-SC, Favreau's Custom Woodworking]
FR: 9-1-16; 11-17-16; 12-1-16; 1-19-17; 2-2-17; 2-16-17; 3-9-17, 5-11-17; 6-19-
17
Docket 1
Tentative for 12/14/17 is to CONTINUE this matter to 1/11/18 at 11:00 a.m. A status report is due 7 days in advance.
Appearances for the 12/14/17 hearing are excused.
************************************************************************** Tentative for 6/19/17 is to set a post-confirmation status conference on
December 21, 2017 at 11:00 a.m. A stauts report is due 14 days in advance.
**************************************************************************** Tentative for 5/11/17:
The Court has reviewed the status report filed on 4/26/17 [Dk. 224]. This matter is CONTINUED to 6/19/17 at 10:00 a.m.
**************************************************************************** Tentative for 12/1/2016:
The Court has reviewed the status report filed on 11/17/16 [Dk. 138], and will CONTINUE the status conference hearing to 1/19/17 at 11:00 a.m. to
11:00 AM
coincide with the hearing on the Debtor's Disclosure Statement. Appearances excused.
**************************************************************************** Tentative for 9/1/16 is to set the following dates/deadlines, which are equally applicable to the jointly administered case of Favreau's Custom Woodworking, Inc., Case No. 8:16-bk-12879-SC:
Deadline to file proofs of claims: October 30, 2016, with the notice to be served by no later than September 8, 2016.
Deadline to file a plan or disclosure statement: November 1, 2016.
A continued status conference: November 17, 2016 at 11:00 a.m. A status report is due 14 days in advance.
The failure to timely comply with any of the above dates/deadlines may result in the imposition of monetary or non-monetary sanctions, including dismissal or conversion of the case.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17
11:00 AM
Docket 16
Tenative for 12/14/17 is to CONTINUE this matter to 1/11/18 at 11:00 a.m. A status report is due 7 days in advance.
Appearances for the 12/14/17 hearing are excused.
**************************************************************************** Tentative for 6/19/17:
The parties reached a settlement, the terms of which are set forth in the Joint Amended Chapter 11 Plan of Reorganization. Upon confirmation of the Joint Amended Chapter 11 Plan of Reorganization, this matter will go off calendar as being resolved, and the case will be closed upon entry of the order confirming the plan.
***************************************************************************** Tentative for 4/20/2017:
The Court has received and reviewed the status report filed 4/17/17 [Dk. 22] and will CONTINUE this matter to 6/19/17 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Defendant(s):
Michael Edward Favreau Pro Se
Plaintiff(s):
Christopher P. Ruiz Represented By John W Lucas
11:00 AM
Theresa-Keane Ruiz Represented By John W Lucas
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/1416) FR: 2-2-17; 5-11-17
Docket 1
Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed by Debtor on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/14/17 hearing are excused.
************************************************************************** Tentative for 5/11/17:
The Court will CONTINUE the status conference to coincide with the continued hearing on the Disclosure Statement, presently proposed to be July 13, 2017 at 11:00 a.m.
**************************************************************************** Tentative for 2/2/17 is to set the following dates/deadlines:
March 30, 2017 - deadline to file plan and disclosure statement (as requested by Debtors in their 1/23/17 Status Report [Dk. 32]). The failure to
11:00 AM
timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.
The Court notes that a bar date of March 20, 2017 has already been established. June 30, 2017 will be the deadline to object to claims.
A continued status conference will be held on May 11, 2017 at 11:00
a.m. A status report is due 14 days in advance.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt [11 U.S.C. Section 523(a)(2)]
(Complaint filed 1/26/17) (Another Summons Issued 3/3/17) FR: 4-20-17; 6-14-17
Docket 1
Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed by the parties on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC in the main case on
11:00 AM
11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE RE: Counterclaim and Third-Party Complaint (filed 4/28/17)
FR: 8-3-17
Docket 20
Tentative for 12/14/17:
11:00 AM
The Court has received and reviewed the Status Report filed by the parties on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC in the main case on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11 U.S.C. Section 523(a)(2)
(Complaint filed 3/24/17) FR: 6-14-17
11:00 AM
Docket 1
Tentative for 12/14/17 is to CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Pro Se
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Third Party Complaint (Third Party Complaint filed 5/9/17)
FR: 8-3-17
11:00 AM
Docket 7
Tentative for 12/14/17 is to CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
Hearing RE: Debtor's Objection To Proof Of Claim:
11:00 AM
(Motion filed 10/13/17)
Claim No. 9 Beitler & Associates, Inc. $To Be Determined dba Beitler Commercial Realty Services
Docket 151
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 10 Barry Beitler $2,589,725.46
Docket 142
11:00 AM
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 11 Beitler $To Be Determined
Docket 153
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 13-1 Barry Beitler $788,798.91
Docket 135
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Amended Objection To Proof Of Claim: (Motion filed 10/13/17) (Amended Motion filed 10/13/17)
Claim No. 14 Barry Beitler $To Be Determined
Docket 161
- NONE LISTED -
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Motion Seeking: (1) Disallowance Of Claims 14 And 16; And (2) Striking Claims Alleged In Adversary Nos. 8:17-ap-01094 And 8:17-ap-01092 On The Grounds The Same Were Filed Based on Falsified Evidence
(Motion filed 11/22/17)
Docket 219
Tentative for 12/14/17:
Appearances required.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 15-1 Barry Beitler $40,666.33
11:00 AM
Docket
149
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 16 Betsy Boyd $To be Determined
Docket 155
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Debtor's Objection To Proof Of Claim:
(Motion filed 10/13/17)
Claim No. 17-1 Cannae Financial LLC $394,483.12
Docket 137
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim:
(Motion filed 10/13/17)
Claim No. 18 Cannae Financial LLC $1,421,510.01
Docket 145
11:00 AM
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim:
(Motion filed 10/13/17)
Claim No. 19 Steward Financial LLC At Least $1,100,000.00
Docket 157
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
11:00 AM
Claim No. 20 Steward Financial LLC At Least $2,593,638.81
Docket 159
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 21-1 Barry Beitler $198,065.35
Docket 139
- NONE LISTED -
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
CONT'D Hearing RE: Motion For Order Approving Debtor's Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 6/23/17) FR: 8-17-17; 11-9-17
Docket 87
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17
11:00 AM
Docket 0
Tentative for 12/14/17:
This matter is CONTINUED to 4/19/18 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
**************************************************************************** Tentative for 11/09/17:
This matter is CONTINUED to 12/14/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
*************************************************************************** Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
11:00 AM
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 3 Nuray DePriest $88,750.00 FR: 11-16-17
Docket 164
Tentative for 12/14/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
11:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17
Docket 1
Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed on 11/30/17 [Dk. 124] and will CONTINUE this matter to 2/22/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 10/5/17:
The Court has received and reviewed the Status Reports filed on 8/31/17 [Dk. 63] by Debtor and on 9/1/17 [Dk. 64] by the Examiner, Arturo Cisneros. The
11:00 AM
Court is planning on issuing an order to show cause why the case should not be dismissed or converted to Chapter 7, based on the Examiner's Status Report.
Appearances required.
******************************************************************************** Tentative for 9/14/17:
This matter is CONTINUED to October 5, 2017 at 11:00 a.m. to accommodate the Examiner's Request contained in his report filed 9/1/17 [Dk. 64].
Appearances are excused for the 9/14/17 status conference.
******************************************************************************** Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
*********************************************************************************** Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
11:00 AM
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
CONT'D Hearing RE: Motion for relief from stay [Action In Non-Bankruptcy Forum]
Monty Holdings, LLC vs. DEBTOR
11:00 AM
(Motion filed 10/15/17)
[RE: Case Name: Monty Holdings, LLC vs. WJA Secure Real Estate Fund LLC]
[Docket No.: 2015-L-002445]
[Pending In: Circuit Court of Cook County, Ill., County Department Law Division]
FR: 11-9-17; 12-7-17
Docket 234
Tentative for 12/14/17 is to DENY:
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
10:00 AM
Clerkin, Sinclair & Mahfouz, LLP - movant attorney Motion for Relief from Stay
State Farm Mutual Automobile Insurance Company vs. DEBTORS (Motion filed 11/27/17)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 10
Tentative for 12/19/17 is to GRANT under §362(d)(1) to allow Movant to seek recovery only from applicable insurance, if any, with a waiver of any deficiency or other claim against the Debtor or property of the Debtor's estate.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Enrique Lopez Luna Represented By Neil R Hedtke
Joint Debtor(s):
Kansas Marie Devlin Represented By
10:00 AM
Trustee(s):
Neil R Hedtke
Lynda T. Bui (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing, Inc. vs. DEBTOR (Motion filed 11/28/17)
Re: 6718 Paso Fino Street, Corona, CA 92880 EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Elisa Martinez Represented By Julie J Villalobos
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR (Motion filed 11/21/17)
Re: FORD F-350, VIN 1FT8W3BT2BEA11372
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Fred Robert Kunkel II Represented By Robert W Ripley
Joint Debtor(s):
Jenny Suzanne Kunkel Represented By Robert W Ripley
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Law Offices of William E. Windham - movant attorney Motion for Relief from Stay
Karen Davis vs. DEBTOR (Motion filed 12/06/17)
Re: 1630 Cabrillo Dr, Hemet, 92543 EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
The request for an annulment is granted. Movant has provided evidence that her filing the unlawful detainer judgment after Debtor's bankruptcy case was without knowledge of the automatic stay, as Debtor did not advise her of the bankruptcy filing. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 USC §362(g), debtor bears the burden of proof on this issue. See also, Souang v. Fularon, 2011 Bankr.
LEXIS 4335 (9th Cir. BAP 2011) ("...the debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.")
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Edward Richard Atwood III Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion filed 11/9/17 to Approve Compromise Under Rule 9019 between Trustee and Chapter 7 Trustee for Estate of Clifford Brace
EH
Docket 50
Tentative for 12/19/17 is to GRANT.
Debtor(s):
All Construction Services, Inc. Represented By Paul M Stoddard Stephen R Wade
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause why bankruptcy petition preparer Marjorie Mebane should not be held in contempt
EH
Docket 0
Tentative for 12/19/17 is to hold Marjorie Mebane in contempt and require her to pay a fine of $50.00 per day until she demonstrates that all prior orders have been satisfied.
If the United States Trustee wants a body attachment, it will have to seek one under separate motion.
Physical appearances required.
Debtor(s):
Paul Zachery Hennison Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hearing On Order To Show Cause Why Timothy Reed, Nancy Jin, The Howard Law Firm, And Vincent Howard Should Not Be Sanctioned $2,000.00 Jointly And Severally And Ordered To Disgorge Fees
(Cont. from 10/3/17) EH
Docket 207
Tentative for 12/19/17:
The Court has received and reviewed the status report filed 12/5/17 [Dk. 212]. This matter is CONTINUED to 2/7/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 10/03/17:
This matter is uncontested.
The hearing on 11/7/17 at 11:00 a.m. is CONTINUED to December 19, 2017 at 11:00 a.m. as a holding date, pending the filing of adversary proceedings by the U.S. Trustee. Once the adversary proceedings are filed, the evidentiary hearing on the OSC will be consolidated with the adversary proceedings.
Appearances are excused.
11:00 AM
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Movant(s):
United States Trustee (RS) Represented By Mohammad Tehrani
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation Eh
Docket 118
Tentative for 12/19/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Raul Corona Pro Se
Joint Debtor(s):
JUANA CORONA Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
11:00 AM
Hrg. on trustee's final report; applications for compensation Eh
Docket 0
Tentative for 12/19/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Streits German Bakery, LLC Represented By Mark Abell
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard Pena
11:00 AM
Hrg. on. Order to Show Cause Re: Why Safety Care Transportation, Inc. should not be held in Contempt of this Court's Order Granting the Trustee's Motion for Rule 2004 Examination of Safety Care Transportation, Inc.
(Cont. from 11/14/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw
11:00 AM
Hrg. on chapter 7 trustee's motion filed 11/20/17 Objecting to Debtor's Exemptions on previous undisclosed real property
EH
Docket 23
Tentative for 12/19/17 is to DENY for the following reasons:
Although Debtor may not exempt real property that is not his residence under § 703.140(b)(1) alone, Debtor’s schedules are clear that he intends to use the combination of § 703.140(b)(1) and (5). Under the wildcard exemption in §703.140(b)(5), a debtor may protect equity of
$1,425 plus the unused portion of the $26,800 allowed under §703.140 (b)(1) in any property.
Although Debtor did not disclose his 50% interest in the Property on Schedule A/B, and did not list the debt secured by the Property in Schedule D, he did disclose the Property on his Statement of Financial Affairs as property held for someone else. Trustee has not established that Debtor concealed the Property and that concealment merits disallowance of Debtor’s claimed exemption.
California's doctrine of equitable estoppel does not prevent Debtor from amending his schedules and claiming an allowed exemption in the Property. To invoke the doctrine of equitable estoppel under California law, a party must show: “(a) a representation or concealment of material facts; (b) made with knowledge, actual or virtual, of the facts; (c) to a party ignorant, actually and permissibly, of the truth; (d) with the intention, actual or virtual, that the ignorant party act on it; and
(e) that party was induced to act on it. There can be no estoppel if one of these elements is missing.” Simmons v. Ghaderi, 44 Cal. 4th 570, 584 (2008). Although Debtor may have misrepresented material facts
11:00 AM
in the schedules by not disclosing his 50% interest in the Property, Trustee has not established that he was induced to act on this misrepresentation. In fact, Trustee issued a notice of assets on 4/13/17, a mere 3 days after the initial § 341(a) and 5 weeks after the case was filed. Given Trustee’s representation that the Property is the
only asset in the Estate, it would appear that the Trustee performed his own investigation and was not induced to act on Debtor’s representation that he did not have an ownership interest in the Property. To the extent that Trustee argues he would have acted differently had he known Debtor would claim an exemption in the Property, this argument is not plausible because as soon as Trustee knew Debtor had an ownership interest in the Property, he also should have known Debtor could freely amend his schedules to exempt that interest.
Finally, the 8 month period from the Petition Date to when Debtor filed his amended schedules is not an unreasonable delay sufficient to establish laches under California law, especially considering a debtor’s ability to freely amend his schedules and the fact that Trustee should have known that Debtor could amend his schedules at any time to claim this exemption.
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
1:30 PM
Hrg. on Motion filed 11/28/17 by Alameda Liquidating Trust 1. To Approve Final Report of Liquidating Trustee and to Terminate Liquidating Trust in Accordance with its Provisions; 2. For Entry of Final Decree Closing Bankruptcy Case; 3. To Relieve Liquidating Trustee of Further Responsibility and Discharge Liquidating Trustee from Liability in Accordance with Section 4.9(b) of Alameda Liquidating Trust Agreement; 4. Exonerate Bond; 5. To Dissolve Alameda Supervisory Board; 6. For Authorization to Abandon and Destroy Records; and 7. For an Order Authorizing Closure of Reimbursement Rights Proceeds Account
EH
Docket 436
Tentative for 12/19/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alameda Investments, LLC Represented By Jeremy V Richards Linda F Cantor ESQ
C John M Melissinos Brian L Davidoff
1:30 PM
Atkinson, Hamill & Barrowclough, P.C. - movant attorney Motion for Relief from Stay
American Alpha Properties, LLC vs. DEBTOR (Motion filed 9/19/17)
(Cont. from 10/17/17)
Re: Non-Debtor Parties: American Alpha Properties, LLC v. River Crest Estates, LLC, et al
EH
Docket 55
Tentative for 12/19/17:
The Court will grant relief to allow Movant to proceed against the Non-Debtor Defendants only.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
1:30 PM
Atkinson, Hamill & Barrowclough, P.C. - movant attorney Motion for Relief from Stay
American Alpha Properties, LLC vs. DEBTOR (Motion filed 9/19/17)
(Cont. from 10/17/17)
Re: Non-Debtor Parties: American Alpha Properties, LLC v. River Crest Estates, LLC, et al
EH
Docket 44
Tentative for 12/19/17:
The Court has reviewed the Stipulation filed 11/30/17 [Dk. 93] between the Movant and the Chapter 7 Trustee. Movant is to lodge an order consistent with the Stipulation.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
River Crest Development, LLC Represented By
1:30 PM
Todd L Turoci
1:30 PM
Recognition hearing to consider the Chapter 15 petitions and request for recognition of the Hong Kong Proceeding and related relief
EH
(Hrg. on be held in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701)
Docket 0
Tentative for 12/19/17 is to GRANT.
Debtor(s):
Wai Hung Cheng Represented By Rebecca J Winthrop
1:30 PM
Adv#: 6:17-01207 Speier, soley in his capacity as Chapter 7 Trustee v. KABBAGE, INC.
STATUS CONFERENCE re: Complaint for (1) Avoidance and Recovery of Preferential Transfers, (2) Preservation of Preferrential Transfers, and (3) Disallowance of Claims
EH
Docket 1
NONE LISTED -
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
Defendant(s):
KABBAGE, INC. Pro Se
Plaintiff(s):
Steven M Speier, soley in his Represented By Marc C Forsythe
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
10:00 AM
Adv#: 8:08-01001 Transact Inc et al v. Frank D'Errico Living Trust et al
CONT'D Evidentiary Hearing RE: On Remanded Matters (Set per Order Entered 1/17/17)
(Holding Date - Per Stipulation and Order Entered 9-29-17)
FR: 4-17-17; 5-8-17; 6-12-17; 7-10-17; 8-23-17; 10-2-17
Docket 532
Tentative for 12/20/17:
The Court will conduct a status conference on the remaining issues, including, but not limited to, verification of service of all pleadings on Reumont's estate.
Appearances required.
Debtor(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Craig J Beauchamp
Defendant(s):
Frank D'Errico Living Trust Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Frank D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
10:00 AM
RHFD Pebble Inc Represented By
Michael W Johnson - INACTIVE - Daniel J Kessler
Robert Hall Represented By
David Brian Lally Harland L Burge
Does 1 To 50, Inclusive Represented By David Brian Lally
Anthony D'Errico Represented By David Brian Lally
Steven R Cameron - SUSPENDED - Daniel J Kessler
Deborah Medeiros Pro Se
Plaintiff(s):
Transact Inc Represented By
Alexander W Tucker - SUSPENDED - Leonard M Shulman
Robert E Huttenhoff
Allan W Reumont Represented By Robert N Ives
Trustee(s):
John M Wolfe (TR) Represented By John M Wolfe
Leonard M Shulman Robert E Huttenhoff
10:00 AM
Adv#: 8:15-01078 Bui v. Woo Jin Trading Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547(b), 550 And 551
(Complaint filed 2/2/15) (PTC set at S/C held 4/2/15) (S/C reset at PTC held 10/8/15)
FR: ; 4-2-15;10-8-15; 1-14-16; 6-22-16; 6-14-17
Docket 1
Tentative for 12/20/17:
The Court has received and reviewed the unilateral status report [Dk. 25] filed on 12/6/2016 by the Chapter 7 Trustee. The Court notes the Chapter 7 Trustee's representation that the claims brought in this adversary proceeding were sold in an order entered October 14, 2017 [Dk. 514], and that she expects a new party will substitute in as plaintiff.
The Court will CONTINUE this matter to 2/21/18 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance. If the appropriate successor party in interest does not timely file a status report, the Court will consider dismissal of this case for failure to prosecute.
Appearances are excused for the 12/20/17 hearing.
***************************************************************************** Tentative for 6/14/17:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 12/20/17 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
10:00 AM
Appearances are excused for the 6/14/17 hearing.
***************************************************************************** Tentative for 6/22/2016:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 6/14/2017 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/14/16:
The Court has received and reviewed the status report filed12/9/15 [Dk. 18] and will CONTINUE this matter to June 22, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 10/8/2015:
The Court is inclined to approve the proposed joint pretrial stipulation filed 9/15/15 [Dk. 12] and set this matter for trial on 11/19/15 at 1:30 p.m. The trial will be by declaration. The parties are instructed to follow the procedures for trials by declaration which can be located on the Court's website.
Appearances required.
**************************************************************************** Tentative for 4/02/15 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2015. Note: this date includes the date by which all discovery motions must be heard and resolved.
10:00 AM
Motion cutoff: August 31, 2015. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: September 17, 2015 at 10:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the issuance of monetary and/or non-monetary sanctions, including dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Defendant(s):
Woo Jin Trading Inc. Represented By Young K Chang
Plaintiff(s):
Lynda T. Bui Represented By
Steven Werth
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
10:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
Hearing RE: Motion In Limine (Motion filed 11/21/17)
Docket 49
Tentative for 12/20/17 is to GRANT. Appearances required.
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2); (a)(4) And (a)(6)
PTC set at S/C held 6/14/17)
FR: 12-14-16; (Advanced from 5-17-17); 5-3-17; 5-10-17; 6-7-17; 6-14-17
Docket 41
Tentative for 12/20/17:
Appearances required.
*************************************************************************** Tentative for 6/14/17:
The Court has received and reviewed the Joint Status Report filed on 5/24/17, as Dk. No. 123. The Court notes that the discovery cutoff for all issues except those related to the discovery disputes set forth in the motions at Dk. Nos. 82 and 85 (collectively, "Discovery Disputes") has passed. The discovery cutoff for issues related to the Discovery Disputes has been continued to August 31, 2017 [Dk. 124 & 125]. Accordingly, the Court is inclined to set the following deadlines:
Discovery Cuttoff for all issues not related to the Discovery Disputes: is April 28, 2017 [Dk. 66].
Discovery Cutoff for all issues related to the Discovery Disputes is August 31, 2017 [Dk. 124 & 125]
Motion Cutoff shall be October 31, 2017. This date includes the date
10:00 AM
by which all non-discovery motions must be heard and resolved, including Motions for Summary Judgment. This date does not include Motions in Limine or Daubert motions which, if necessary, shall be scheduled at the Pretrial hearing.
A Pretrial Conference is set for December 20, 2017 at 10:00 a.m. in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701.
Note: These dates may be adjusted by stipulation, for cause shown. The parties are advised to follow, precisely, all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non- monetary sanctions, including the dismissal of the action or the striking of the answer.
In addition, the Court notes that Defendant has indicated she would like this case submitted to mediation. The parties should be prepared to explain why mediation is or is not appropriate in this case.
*************************************************************************** Tentative for 6/7/17:
The Court has received and reviewed the Joint Status Report filed on 5/24/17, as Dk. No. 123. This Status Conference will be CONTINUED to 6/14/17 at 11:00 a.m. to coincide with the hearing in this case scheduled at that time.
Appearances for 6/7/17 are excused.
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Plaintiff(s):
International Christian Broadcasting, Represented By
10:00 AM
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:16-01250 Case et al v. Farino
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, And Injunctive Relief
(Complaint filed 11/21/16)
(PTC set per Order Entered 2-7-17)
[Holding Date]
FR: 2-15-17; 9-13-17; 11-8-17
Docket 1
NONE LISTED -
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Defendant(s):
Richard A Farino Represented By Fritz J Firman
Plaintiff(s):
Deborah Case Represented By Paul J Gutierrez
Case Concrete Services, Inc. Represented By Paul J Gutierrez
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
Donald W Sieveke
10:00 AM
Adv#: 8:17-01141 Miller v. Western Dental Services, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Sanctions For Violation Of The Automatic Stay As Against Western Dental Services, Inc.
(Complaint filed 8/18/17)
(Another Summons issued 8/28/17)
Docket 1
NONE LISTED -
Debtor(s):
Katty Lee Miller Represented By Joseph M Tosti
Defendant(s):
Western Dental Services, Inc. Pro Se
Plaintiff(s):
Katty Lee Miller Represented By Anerio V Altman
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
Hearing RE: Motion To Dismiss Adversary Complaint Pursuant To FRCP Rule 12(b)(6) And Rule 9(b)
(Motion filed 11/6/17)
Docket 6
NONE LISTED -
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Represented By Richard G Heston
Plaintiff(s):
Kerry L Sorensen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
STATUS CONFERENCE Hearing RE: Complaint For:
Object To Discharge Pursuant To 11 U.S.C. Section 727(a)(4);
Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a) (2)
(Complaint filed 9/20/17)
Docket 1
- NONE LISTED -
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Pro Se
Plaintiff(s):
Kerry L Sorensen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01020 Lowe v. Navient Solutions Inc. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Student Loan Debts
(Complaint filed 2/7/17)
[Defendant Navient Solutions, LLC - Dismissed - Order Entered 3-29-17- Docket no. 9]
(PTC set per Scheduling Order Entered 5/2/17) FR: 10-18-17
Docket 1
- NONE LISTED -
Debtor(s):
Matthew Ryan Lowe Represented By Kari E Gibson
Defendant(s):
Navient Solutions Inc. Pro Se
United States Department of Pro Se
Plaintiff(s):
Matthew Lowe Represented By Kari E Gibson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
11:00 AM
CONT'D Hearing RE: Application By Chapter 7 Trustee To Employ Law Office Of Denisse Henderson As Special Litigation Counsel
(Motion filed 9/18/17)
(Set per Order Entered 10/12/17) FR: 11-8-17
Docket 36
Tentative for 12/20/17:
Besides the issues discussed at the earlier hearing, the Court observes the published decision in Sundquist v. Bank of America (In re Sundquist), Case No. 10-35624 [Dk. 519], 2017 WL 5501239, at *1 (Bankr. E.D. Cal. Nov. 15,
2017), regarding the qualifications of the propsed counsel. Appearances required.
******************************************************************************* Tentative for 11/8/17:
Appearances required.
Debtor(s):
Michael Louis Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Joint Debtor(s):
Susan Waxman Hollander Represented By Joseph M Tosti
11:00 AM
Trustee(s):
W. Sloan Youkstetter
Richard A Marshack (TR) Represented By David M Goodrich
11:00 AM
Hearing RE: First And Final Application For Allowance Of Fees And Reimbursement Of Expenses For The Period From February 11, 2016 Through And Including June 22, 2016
(Motion filed 10/31/17)
[RE: RED HILL LAW GROUP - Attorneys For Debtor] [Fees: $15,561.00; Expenses: $2,320.38]
Docket 156
Tentative for 12/20/17 is to APPROVE as requested.
Note: This matter appears to be uncontested. The Chapter 7 Trustee filed a non-opposition on 12/11/17 [Dk. 163]. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Genesis Title Holding Corporation Represented By
Bert Briones
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 11/14/17)
[RE: RICHARD A. MARSHACK, Chapter 7 Trustee] [Fees: $2,750.00; Expenses: $102.59]
[RE: HAHN FIFE & COMPANY, LLP, Accoutant For Chapter 7 Trustee] [Fees: $1,000.00l Expenses: $0.00]
Docket 35
Tentative for 12/20/17 is to APPROVE as requested.
Debtor(s):
Rehab Fitness, Inc. Represented By Arash Shirdel
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 2-2 American Honda Finance $12,549.31 FR: 11-16-17
Docket 133
Tentative for 12/20/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
***************************************************************************** Tentative for 11/16/17 is to CONTINUE to December 20, 2017 at 11:00 a.m. to allow the Debtor to effectuate service on Claimant pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 11/16/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 22-1 Samini Scheinberg $467,991.02 FR: 11-16-17
Docket 131
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Real Property Of The Estate Free And Clear Of Liens Pursuant To 11 U.S.C. Sections 363(b)(1) And 363(f), Subject To Overbids, Combined With Notice Of Bidding Procedures And Request For Approval Of The Bidding Procedures Utilized; (2) Approving Payment Of Real Estate Commission And Other Costs;
Granting Related Relief Including Approval Of Stipulation With Debtor And Broker; And (4) Finding That The Purchaser Is A Good Faith Purchaser (Motion filed 11/29/17)
Docket 50
Tentative for 12/20/17 is to GRANT.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Hearing RE: Motion For Order Approving Compromise Of Controversy With CNA Claimplus, Inc. et al., RE: Adversary Case No. 8:17-ap-01083-SC (Motion filed 12/5/17) (Set per OST Entered 12/6/17)
Docket 1204
Tentative for 12/20/17 is to GRANT.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty By Officers And Directors;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a), 3439.05 (John Carson, Irvine Sensors Corporation;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a) And 3439.05 (GF Acquisitionco 2012)
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.05 (John Carson)
Recovery Of Avoided Transfer Under 11 U.S.C. Section 550 And California Civil Code 3439.07;
Objection And Disallowance Of Proof Of Claim Numbers 2, 8, 10, 21, 22, 23, 24, 25, 27, 66, 99, 131; And
Equitable Subordination Of Proof Of Claim Numbers 2 And 10 Pursuant To
U.S.C. Section 510(C) (John Carson And Balraj Joll) (Complaint filed 5/10/16)
(Another Summons issued 6/3/16)
[Griffin Partners, LLC, a California limited liability company - Dismissed 9- 6-16 - Docket No. 24]
[Griffin Fund, L.P. a California limited partnership - Dismissed 9-6-16 - Docket No. 24]
FR: 8-4-16; 9-1-16; 3-16-17; 10-12-17; 10-19-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
11:00 AM
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
GF Acquisitionco 2012, LLC Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Roll Pro Se
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Thomas Kelly Represented By Kyra E Andrassy
11:00 AM
Philip E Strok Robert S Marticello
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Chester White Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy